Chin Tyng Lei v Lim Yoon Ngok: Summary Judgment and Loan Dispute
In Chin Tyng Lei v Lim Yoon Ngok, heard in the High Court of Singapore on 12 July 2006, the plaintiff, Chin Tyng Lei, sought summary judgment against the defendant, Lim Yoon Ngok, for money loaned. The defendant argued the loans were to a company, not him personally. The court granted the plaintiff judgment for $70,000 based on the defendant's admission and ordered the defendant to furnish security for the remaining $190,000 to be granted leave to defend the balance of the claim. The plaintiff's appeal was allowed in part.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Summary judgment case where Chin Tyng Lei sued Lim Yoon Ngok for money loaned. The court granted judgment for $70,000 and conditional leave to defend the balance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chin Tyng Lei | Plaintiff, Respondent | Individual | Judgment for Plaintiff | Partial | |
| Lim Yoon Ngok | Defendant, Appellant | Individual | Conditional Leave to Defend | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
4. Facts
- Plaintiff claimed $260,000 from defendant for loans made between 2003 and 2004.
- Defendant claimed the loans were made to Chalimax Engineering Pte Ltd, of which both parties were directors.
- Defendant admitted in an email to owing the plaintiff $70,000.
- Plaintiff provided financial and business support to Chalimax through his company, Allinton Engineering & Trading Pte Ltd.
- The defendant disputed the balance of $145,000 of the claim.
- The defendant was a director of Chalimax Engineering Pte Ltd, and the plaintiff was a passive investor and director until October 1, 2005.
5. Formal Citations
- Chin Tyng Lei v Lim Yoon Ngok, Suit 666/2005, [2006] SGHC 104
6. Timeline
| Date | Event |
|---|---|
| Lawsuit filed | |
| Plaintiff resigned as director of Chalimax Engineering Pte Ltd | |
| Email exchange between parties regarding payment | |
| Defendant furnished a breakdown of the claim to the plaintiff | |
| Assistant Registrar granted conditional leave to defend | |
| Appeals heard | |
| Judgment issued |
7. Legal Issues
- Summary Judgment
- Outcome: The court granted summary judgment for part of the claim and conditional leave to defend for the balance.
- Category: Procedural
- Liability for Loan
- Outcome: The court found the defendant personally liable for $70,000 of the loan.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Debt
10. Practice Areas
- Commercial Litigation
11. Industries
- Engineering
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 |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Summary judgment
- Conditional leave to defend
- Loans
- Security
- Directors
- Chalimax Engineering Pte Ltd
- Allinton Engineering & Trading Pte Ltd
15.2 Keywords
- loan
- summary judgment
- civil procedure
- singapore
- contract
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Summary Judgement | 80 |
| Civil Practice | 75 |
| Contract Law | 60 |
| Guarantees and indemnities | 30 |
| Best Efforts Clause | 20 |
16. Subjects
- Civil Procedure
- Contract Law
- Banking Law