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SINGAPORE: Long before the lawsuit between Madam Nellie Hwang Cheng Tsu Hsu and OCBC Bank reached the courtroom, bank representatives initiated a sit-down to "address" her concerns and to "move forward", OCBC's lawyer Adrian Wong disclosed on Friday.
In return, it received "a slap in the face", two months after it froze the elderly woman's accounts in May 2008.
"We were accused of raising new issues and evasive tactics," charged Mr Wong to Mdm Hwang's only child, Madam Amy Hsu Ann Mei, 44, as she took the witness stand for the fourth straight day.
Mdm Hsu conceded that the bank's overtures were amicable but, at that time, she did not want her mother to be subjected to a grilling by bankers.
Mr Wong shot back: "The dispute was sufficiently serious, and lawyers from both sides would be attending ... so why didn't you agree to come?"
In response, Mdm Hsu - who maintained that she was only acting on her mother's wishes and had remained "passive" throughout the episode - said the intention might have been "miscommunicated".
On day five of the hearing, which involves Mdm Hwang's $8.9-million fortune, Mr Wong said the bank was told that Mdm Hsu had the power of attorney only after mother and daughter tried to close their accounts.
So, why did she not inform the bank of her authority, asked the lawyer? Mdm Hsu only replied: "I didn't know (I had to)."
The bank, the lawyer maintained, was trying to be prudent because of the suspicion that Mdm Hwang was being influenced.
OCBC then received a letter on June 10 from Mdm Hwang, "stating that the matter would be referred to a higher authority", said Mr Wong. The letter was not baseless, replied Mdm Hsu, since her mother "was entitled to express her view towards a service provider".
To which Mr Wong remarked: "Let me just say that if your mother was in control, I'm surprised she didn't carry out (the legal action against OCBC)."
Instead, all the correspondence initiating the legal action - although in Mdm Hwang's name - was signed by the daughter.
The problems between Mdm Hwang and the bank began when the pair tried to open a joint bank account, but were rejected. Bank officers became suspicious when Mdm Hsu gave the instructions, not Mdm Hwang.
During the court proceedings, OCBC lawyers have continually stated that Mdm Hwang, who has mild dementia, did not have the mental capacity to make any decisions on her finances.
Although Mdm Hsu maintained that she is "filial", it was also revealed in court on Thursday that Mdm Hwang's savings was used to pay for Mdm Hsu's mobile phone charges, Tanglin Club membership, National University of Singapore Society membership as well as salary for her and her husband.
The hearing continues on Monday. - TODAY
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