Tan Seow Cheng v Oversea-Chinese Banking Corp Ltd

• Jurisdiction: Singapore
• Judge: Woo Bih Li J
• Judgment Date: 21 February 2003
• Neutral Citation: [2003] SGHC 30
• Plaintiff Counsel: Vijay Kumar Rai (V K Rai & Partners)
• Published date: 24 May 2004
• Court: High Court (Singapore)
• Defendant Counsel: Kannan Ramesh and Shalita Jayakumar (Tan Kok Quan Partnership)
• Subject Matter: Civil Procedure,Pleadings,Further and better particulars,Action in respect of remarks made,Whether Statement of Claim must specify identity of maker and time of remarks,Whether entitled to merely state to the best of plaintiffÂ’s knowledge.

1. In this action, the Plaintiff Tan Seow Cheng was a customer of Oversea-Chinese Banking Corporation Limited (‘OCBC’). He alleged that OCBC had made certain remarks to one Cheong Lam Keong, who was also its customer, to the effect that:

‘…[Tan Seow Cheng] has closed one account [with OCBC] and [his] remaining account [with OCBC] has only three hundred over dollars. Since his OCBC account has only a few hundred dollars, you had better mark his UOB cheque.’

2. It was alleged that these remarks were in breach of OCBC’s agreement with Mr Tan and/or its statutory duty to Mr Tan and or defamatory.

3. As OCBC is a corporate entity, the alleged remarks could only have been made by one of its staff. However, without obtaining or managing to obtain the identity of the staff in OCBC who allegedly made the remarks, and other particulars, Mr Tan commenced action against OCBC. OCBC then sought various particulars of the Statement of Claim which were ordered by AR Teo Hsiao-Huey with an order that the Statement of Claim be struck out without further order should Mr Tan default in complying with the order.

4. Being dissatisfied, Mr Tan appealed to the judge-in-chambers and the appeal was heard by me. By then, some particulars had been filed. However, as the particulars supplied in respect of some of the paragraphs of the Statement of Claim were not adequate, Mr Vijay Kumar Rai, Counsel for Mr Tan, carried on with the appeal in respect of those paragraphs i.e para 8(a) to (d) and 9. Except for one variation, I dismissed the appeal. Mr Tan has appealed to the Court of Appeal.

The particulars still in issue

5. As I have said, the particulars which were still in issue were in respect of paras 8(a) to (d) and 9 of the Statement of Claim. I set out below the request in respect of these paragraphs and the particulars given:

‘Request

Under paragraph 8(a) of the Statement of Claim:-

Of the allegation that "The Defendant disclosed to a third party … … the state of the Plaintiff’s account and/or transactions relating to the Plaintiff and/or information relating to the Plaintiff which was obtained from the Plaintiff’s account …":-

(a) state whether the alleged disclosure was made orally or in writing;

(b) if in writing, identify the document;

(c) if made orally, state the name/s of the person/s who made the alleged disclosure, the date/s on which the alleged disclosure was made and the place/s at which the alleged disclosure was made.

Answer (Paragraph 8(a) of the Statement of Claim)

(a) To the best of the Plaintiff’s knowledge at present, the disclosure was made orally.

(c) The Plaintiff is unable at present to give particulars of the name(s) of the person(s) who had made the disclosure and the place(s) at which the disclosure was made, save that the disclosure was made on Wednesday 31^st October 2001 by official(s) of the Private Banking Department of the Defendant to Cheong Lam Keong, shortly before or after or during, lunch with the Defendant’s representatives at the OCBC Centre at Chulia Street.

Request

Under paragraph 8(b) of the Statement of Claim:-

Of the allegation that "The Defendant failed to maintain secrecy of information obtained from the Plaintiff’s account or sources other than the Plaintiff’s account", please give full particulars of how the Defendant allegedly failed to maintain secrecy of information.

Answer (Paragraph 8(b) of the Statement of Claim)

Refer to Paragraph 8(a) of the Statement of Claim and to the further and better particulars thereof.

Request

Under paragraph 8(c) of the Statement of Claim:-

Of the allegation that "the Defendant failed to seek sufficiently or not at all the consent of the Plaintiff for disclosing the Plaintiff’s information to third persons":-

(a) state the information which was allegedly disclosed;

(b) state whether the alleged disclosure was made orally or in writing;

(c) if in writing, identify the documents;

(d) if disclosed orally, state the names of all the third persons to whom the information was allegedly disclosed, the name/s of the person/s who made the alleged disclosure, the date/s on which the alleged disclosure was made and the place/s at which the alleged disclosure was made.

Answer (Paragraph 8(c) of the Statement of Claim)

Refer to Paragraph 8(a) and to the further and better particulars thereof.

Request

Under paragraph 8(d) of the Statement of Claim:-

Of the allegation that "The Defendant failed to observe the statutory duty imposed by Section 47(1) and 47(5) of the Banking Act Cap 19", please give full particulars of how the Defendant allegedly failed to observe the statutory duty.

Answer (Paragraph 8(d) of the Statement of Claim)

Refer to Paragraphs 8(a), 8(b) and 8(c) of the Statement of Claim and to the respective further and better particulars thereof.

Request

Under paragraph 9 of the Statement of Claim:-

Of the allegation that "… the Defendant, acting through its employees, agents and/or servants spoke the following words or words to that effect which were defamatory of the Plaintiff in the way of his said office and/or calling to Cheong", please state:-

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