Zhang Yijun v ING Asia: Appeal Against Bifurcation Order in Misrepresentation & Breach of Duty Claim
In Zhang Yijun and others v ING Asia Private Bank Ltd, the High Court of Singapore heard an appeal by the defendant, ING Asia Private Bank Ltd, against an order to bifurcate the trial. The plaintiffs, Zhang Yijun and others, brought an action against the defendant based on misrepresentation and breaches of duties. The High Court allowed the appeal, setting aside the bifurcation order, finding that the issues of liability and quantum were closely intertwined and should be tried together by the same judge.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court allowed an appeal against a bifurcation order in a case involving misrepresentation and breach of duty claims against ING Asia Private Bank.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zhang Yijun | Plaintiff | Individual | Appeal Dismissed | Lost | |
| ING Asia Private Bank Ltd | Defendant, Appellant | Corporation | Appeal Allowed | Won | |
| Zhang Yijun's daughter | Plaintiff | Individual | Appeal Dismissed | Lost | |
| Investment holding companies set up by Zhang Yijun | Plaintiff | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jacelyn Chan | Wong Tan & Molly Lim LLC |
| Tham Wei Chern | Allen & Gledhill LLP |
4. Facts
- The plaintiffs filed an action against the defendant bank based on misrepresentation and breaches of duties.
- The plaintiffs' claim involved five accounts maintained with the defendant.
- The Assistant Registrar granted the plaintiffs' application to bifurcate the trial.
- The defendant appealed against the order for bifurcation.
- The trial was initially scheduled for ten days commencing on 9 January 2012.
5. Formal Citations
- Zhang Yijun and others v ING Asia Private Bank Ltd, Suit No 1080 of 2009 (Registrar's Appeal No 304 of 2011), [2011] SGHC 231
6. Timeline
| Date | Event |
|---|---|
| Lawsuit filed | |
| Experts’ reports exchanged | |
| Pre-trial conference held | |
| Application to bifurcate trial filed | |
| Application to bifurcate trial granted | |
| Judgment issued | |
| Affidavits of evidence-in-chief due to be exchanged | |
| Trial scheduled to commence |
7. Legal Issues
- Bifurcation of Trial
- Outcome: The court held that the trial should not be bifurcated because the issues of liability and quantum were closely intertwined.
- Category: Procedural
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- Misrepresentation
- Breach of Duty
10. Practice Areas
- Commercial Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Bifurcation
- Misrepresentation
- Breach of Duty
- Liability
- Quantum of Damages
15.2 Keywords
- Bifurcation
- Misrepresentation
- Breach of Duty
- Banking
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misrepresentation | 75 |
| Bifurcation of Trial | 65 |
| Banking Law | 60 |
| Breach of Contract | 50 |
| Civil Procedure | 40 |
16. Subjects
- Civil Litigation
- Banking