Wee Soon Kim Anthony v UBS AG: Application to Set Aside Judgment Based on Judicial Bias
Mr. Anthony Wee, appearing in person, applied to the High Court of Singapore to set aside the judgment of Kan Ting Chiu J in Suit 834, in which UBS AG was the defendant, alleging judicial bias. Tay Yong Kwang J dismissed the application, holding that a High Court judge cannot oversee the judicial work of another and that the allegations should have been raised before the Court of Appeal. The court also noted that Mr. Wee had not served the originating summons on UBS AG, an interested party.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Originating Summons dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application by Anthony Wee to set aside judgment in Suit 834 based on judicial bias was dismissed. The court held that a High Court judge cannot oversee the work of another.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wee Soon Kim Anthony | Applicant | Individual | Application Dismissed | Lost | Anthony Wee of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anthony Wee | Independent Practitioner |
4. Facts
- Mr. Anthony Wee sought to set aside a judgment by Kan J in Suit No 834 of 2001.
- Mr. Wee alleged that Kan J showed excessive intervention and apparent bias during the trial.
- Mr. Wee claimed Kan J's actions prolonged the cross-examination and risked his well-being due to his age and heart condition.
- Mr. Wee argued that Kan J unfairly refused to recuse himself from hearing the taxation of costs.
- Mr. Wee did not serve the originating summons on UBS, the opposing party in the original suit.
- Mr. Wee's allegations were not raised before the Court of Appeal in the appeal from Suit No 834 of 2001.
5. Formal Citations
- Re Wee Soon Kim Anthony, OS 550/2007, [2007] SGHC 66
6. Timeline
| Date | Event |
|---|---|
| Suit No 834 of 2001 filed | |
| Originating Motion No. 22 of 2002 filed | |
| Originating Motion No. 4 of 2003 filed | |
| Suit No 834 of 2001 dismissed with costs | |
| Appeal filed in CA No. 1 of 2004 | |
| Appeal dismissed in CA No. 1 of 2004 | |
| Kan J refused to recuse himself from hearing the taxation of costs | |
| Appeal pending in CA No. 39 of 2006 | |
| Mr. Anthony Wee on medical leave | |
| Mr. Anthony Wee's medical leave ends | |
| Court of Appeal granted final adjournment in CA No. 39 of 2006 | |
| Registry letter sent to Mr. Anthony Wee | |
| Initial hearing date for OS 550/2007 | |
| Hearing for OS 550/2007 | |
| Decision date for OS 550/2007 | |
| CA No. 39 of 2006 scheduled to be heard |
7. Legal Issues
- Judicial Bias
- Outcome: The court found no evidence of judicial bias and declined to recuse himself from hearing the originating summons.
- Category: Procedural
- Sub-Issues:
- Excessive intervention during cross-examination
- Apparent bias
- Jurisdiction of High Court
- Outcome: The court held that one High Court judge cannot set aside the judgment of another High Court judge after a full trial.
- Category: Jurisdictional
- Related Cases:
- [2006] 4 SLR 398
8. Remedies Sought
- Setting aside the judgment of Kan Ting Chiu J in S 834
- Retrial of Suit No 834 of 2001
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wee Soon Kim Anthony v UBS AG | High Court | Yes | [2003] SGHC 305 | Singapore | Cited as the original judgment that Mr. Anthony Wee was seeking to set aside. |
| Wee Soon Kim Anthony v UBS AG | Court of Appeal | Yes | [2004] SGCA 33 | Singapore | Cited as the appeal that dismissed Mr. Anthony Wee's action with costs. |
| Originating Motion No. 22 of 2002 | High Court | Yes | [2003] 1 SLR 461 | Singapore | Cited regarding the application for Gerald Godfrey QC to act for Mr. Anthony Wee. |
| Originating Motion No. 4 of 2003 | High Court | Yes | [2003] 4 SLR 23 | Singapore | Cited regarding the application for Richard de Lacy QC to act for Mr. Anthony Wee. |
| Tee Kok Boon v PP | High Court | Yes | [2006] 4 SLR 398 | Singapore | Cited for the principle that the High Court does not have revisionary powers over another High Court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial bias
- Excessive intervention
- Apparent bias
- Recusal
- Coordinate jurisdiction
- Originating summons
- Litigant in person
15.2 Keywords
- Judicial bias
- High Court
- Singapore
- Civil procedure
- Judgment
- Recusal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Apparent bias | 85 |
| Judgments and Orders | 75 |
| Civil Practice | 70 |
| Recusal | 65 |
| Civil Procedure | 60 |
| Excessive judicial interference | 55 |
| Duty of Candour | 50 |
| Inherent Power of the Court | 40 |
| Jurisdiction | 40 |
| Summary Judgement | 30 |
16. Subjects
- Civil Procedure
- Judicial Review
- Courts and Jurisdiction