Persons involved in the National University Hospital lawsuit -
Plaintiffs - Surinder Singh (husband of deceased patient Narindar Kaur), Minda Kour (mother of the deceased)
Defendants - NUH, doctors Li Man Kay and David Consigliere
Lawyers (counsel) -
Plaintiffs- S. Palaniappan of Straits Law Practice.
Defendants : NUH - Kelvin Poon, Edwin Tong for doctors
Friday, February 13, 2009
Tuesday, February 10, 2009
Estate agents - the ERA case 3
What if you are a client of a real estate company and after reading about the ERA case, you wish to sue the company for the same sort of tactics that took place many years ago. You may face the problem of the Limitation Act.
This statute places a time limit of 6 years for most contract claims. You have 6 years to sue from the time the cause of action accrued (your right to sue arose). A cause of action accrues when the other party fails to do what he promised. For example, if there was a promise to pay by 31 January 2009, and this promise is not kept, then the cause of action accrues the next day.
In the ERA case or a similar situation, the cause of action would accrue when the plaintiffs entered into a contract to sell their property to a party related to the agent.
What if your transaction took place more than 6 years ago? The Limitation Act has exceptions where you can sue more than 6 years later if there is fraud (deceitful conduct by the other party). If the amount of money involved is substantial, do consult your lawyer.
Please note our disclaimer.
This statute places a time limit of 6 years for most contract claims. You have 6 years to sue from the time the cause of action accrued (your right to sue arose). A cause of action accrues when the other party fails to do what he promised. For example, if there was a promise to pay by 31 January 2009, and this promise is not kept, then the cause of action accrues the next day.
In the ERA case or a similar situation, the cause of action would accrue when the plaintiffs entered into a contract to sell their property to a party related to the agent.
What if your transaction took place more than 6 years ago? The Limitation Act has exceptions where you can sue more than 6 years later if there is fraud (deceitful conduct by the other party). If the amount of money involved is substantial, do consult your lawyer.
Please note our disclaimer.
Estate agents - the ERA case 2
You wish to sue an estate agency for the misconduct of the agency's agents. Can you do so?
In the ERA Realty Network case, trial judge found that the company was liable for its agents' misconduct (Mike and Jeremy were given appointment titles with the word "director), even though the company tried to claim that they were independent contractors.
The judge said that on the relevant documents, the company's logo was present. Also, when the clients refused to pay the agency commission, it was the company that started a lawsuit in the Small Claims Tribunal. All this made them liable for their agents' actions under the law of agency.
Another point not mentioned by the judge but I think is crucially important - individual estate agents do not have to be licensed but must work under a licensed agency. If you are a real estate company and you allow rogue agents to work under your agency name and to use your license, it is very unlikely that you can turn around and disclaim all responsibility for any wrongs that they do.
In the ERA Realty Network case, trial judge found that the company was liable for its agents' misconduct (Mike and Jeremy were given appointment titles with the word "director), even though the company tried to claim that they were independent contractors.
The judge said that on the relevant documents, the company's logo was present. Also, when the clients refused to pay the agency commission, it was the company that started a lawsuit in the Small Claims Tribunal. All this made them liable for their agents' actions under the law of agency.
Another point not mentioned by the judge but I think is crucially important - individual estate agents do not have to be licensed but must work under a licensed agency. If you are a real estate company and you allow rogue agents to work under your agency name and to use your license, it is very unlikely that you can turn around and disclaim all responsibility for any wrongs that they do.
Estate agents - ERA sued and loses
The hottest news relating to professionals now is the recent case concerning the big real estate agency ERA Realty Network. Although this was not a case of professional negligence, the trial judge, Justice Choo Han Teck, found the agency guilty of misconduct.
Briefly, the plaintiffs in this case, were owners of an apartment who asked an ERA agent Ang Teik Soon (also known as Jeremy) to find a buyer for their apartment. Instead of trying to get the best price possible for his clients, Jeremy collaborated with his boss, Mitul Ratilal Parikh, known as “Mike, to buy the apartment using Mike's wife's name Natassha Sadiq . After the deal was done, Jeremy and Mike arranged to sell the apartment to an innocent purchaser at a profit of about $250,000.
The plaintiffs, who did quite a lot of detective work managed to dig out this information and won their case when the court ordered ERA to pay the profits made by Mike and Jeremy to the plaintiffs.
Briefly, the plaintiffs in this case, were owners of an apartment who asked an ERA agent Ang Teik Soon (also known as Jeremy) to find a buyer for their apartment. Instead of trying to get the best price possible for his clients, Jeremy collaborated with his boss, Mitul Ratilal Parikh, known as “Mike, to buy the apartment using Mike's wife's name Natassha Sadiq . After the deal was done, Jeremy and Mike arranged to sell the apartment to an innocent purchaser at a profit of about $250,000.
The plaintiffs, who did quite a lot of detective work managed to dig out this information and won their case when the court ordered ERA to pay the profits made by Mike and Jeremy to the plaintiffs.
Thursday, February 5, 2009
Medical negligence lawsuit - NUH
A lawsuit was filed last year against National University Hospital (NUH) and 2 specialist doctors in respect of a kidney transplant between a donor wife and her husband. The husband, Surinder Singh, received the kidney successfully but his wife, Narinder Kaur, bled to death soon after the operation. It is understood that the High Court has recently been asked to set trial dates.
The coroner's inquest found that clips used to close off the wife's major artery had slipped off.
The hospital and 2 doctors are represented by law firms Allen and Gledhill, and Rajah and Tann.
The husband is represented by S. Palaniappan of Straits Law Practice.
The coroner's inquest found that clips used to close off the wife's major artery had slipped off.
The hospital and 2 doctors are represented by law firms Allen and Gledhill, and Rajah and Tann.
The husband is represented by S. Palaniappan of Straits Law Practice.
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