Heng Chyu Kee v Far East Square: Distress for Rent, Wrongful Execution of Writ, Landlord-Tenant Dispute
In Heng Chyu Kee v Far East Square Pte Ltd, the High Court of Singapore heard a case where Heng Chyu Kee sued her former landlords, Far East Square Pte Ltd, for damages arising from the wrongful execution of a Writ of Distress. The writ was issued for arrears in rent. Choo Han Teck JC dismissed the plaintiff's claim, finding that while the defendants were negligent in the execution of the writ, the plaintiff failed to prove damages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's claim dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Heng Chyu Kee sues Far East Square for wrongful execution of a writ of distress. The court dismissed the claim, finding negligence in the writ's execution but no proven damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Far East Square Pte Ltd | Defendant | Corporation | Judgment for Defendant | Won | |
| Heng Chyu Kee | Plaintiff | Individual | Claim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- Plaintiff rented a unit from the defendants for a hairdressing salon.
- Plaintiff fell into arrears in rent.
- Defendants issued a Writ of Distress for arrears in rent.
- Plaintiff made a payment of $3,500 after the writ was served.
- Defendants appropriated the payment towards other outstanding debts.
- Auction of distressed goods was conducted.
- Purchaser carted away the plaintiff's entire stock, including immovables.
5. Formal Citations
- Heng Chyu Kee v Far East Square Pte Ltd, Suit 572/2001, [2001] SGHC 348
6. Timeline
| Date | Event |
|---|---|
| Plaintiff contracted to rent unit from defendants for two years. | |
| Writ of Distress issued against the plaintiff for arrears in rent. | |
| Writ of Distress served on the plaintiff. | |
| Plaintiff made a payment of $3,500. | |
| Auction took place at plaintiff's shop. | |
| Letter from Head Bailiff to defendants' solicitors regarding movables taken away by purchaser. | |
| Defendants made an offer to settle at $8,000. | |
| Judgment issued. |
7. Legal Issues
- Wrongful Execution of Writ of Distress
- Outcome: The court found that the writ of distress was not illegal, but the defendants were negligent in its execution. However, the plaintiff failed to prove damages.
- Category: Substantive
- Sub-Issues:
- Illegality of writ
- Irregularity of writ
- Excessive writ
- Negligence in execution of writ
- Negligence
- Outcome: The court found the defendants negligent in the execution of the writ of distress but the plaintiff failed to prove damages.
- Category: Substantive
- Sub-Issues:
- Failure to ensure value of goods seized did not exceed debt
- Failure to identify goods seized
- Failure to sell only items seized
- Failure to give adequate notice of sale
- Failure to ensure only seized goods are sold
- Failure to ensure purchaser takes away only items bought
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Damages for wrongful execution of writ of distress
- Negligence
10. Practice Areas
- Commercial Litigation
- Real Estate Law
11. Industries
- Real Estate
- Retail
- Beauty and Hairdressing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Davenport v Queen | Privy Council | Yes | [1877] 3 AC 115 | United Kingdom | Cited for the principle that a creditor cannot appropriate payment by the debtor towards some other debt if the demand is for a specified sum for a specific debt without the express consent of the debtor. |
| South Union Co Ltd v Seng Hin Ltd | Singapore High Court | Yes | [1972-74] SLR 326 | Singapore | Cited for the principle that money paid should be applied according to the expressed will of the payer and not that of the receiver. |
| Davies v Property and Reversionary Investments Corporation Ltd | King's Bench Division | Yes | [1929] 2 KB 222 | United Kingdom | Cited to distinguish the proposition that a notice of writ identifying all items in the shop as subject to the seizure may be regarded as sufficient. |
| Dovey Enterprises Ltd v Guardian Assurance Public Ltd | Court of Appeal of New Zealand | Yes | [1993] 1 NZLR 540 | New Zealand | Cited for the submission that the writ of distress was also illegal because it was exercised simultaneously with the exercise of forfeiture. |
| Metro Mechanical Ltd v Neil Day Motors Ltd | District Court of New Zealand | Yes | [1995] DCR 232 | New Zealand | Cited for the submission that the writ of distress was also illegal because it was exercised simultaneously with the exercise of forfeiture. |
| Chop Chye Hin Chong v Ng Yeok Seng | Court of Appeal of the Straits Settlements | Yes | [1934] MLJ 265 | Singapore | Cited for the principle that where a writ of distress is issued by the court no cause of action for damages for wrongful distress can arise. |
| Ginsin Holdings Pte Ltd v Tan Mui Khoon t/a Chan Eng Soon Service | High Court | Yes | [1997] 1 SLR 55 | Singapore | Cited for the principle that where a writ of distress is issued by the court no cause of action for damages for wrongful distress can arise. |
13. Applicable Rules
| Rule Name |
|---|
| O 46 r 23 Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Distress Act (Cap 84, 1996 Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Writ of Distress
- Arrears in Rent
- Distress Act
- Execution of Writ
- Auction
- Negligence
- Damages
- Movables
- Inventory
- Bailiff
15.2 Keywords
- distress for rent
- writ of distress
- wrongful execution
- landlord
- tenant
- negligence
- damages
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Landlord and Tenant Law | 90 |
| Distress for Rent | 80 |
| Wrongful Execution | 70 |
| Negligence | 50 |
| Contract Law | 40 |
| Remedies | 30 |
| Civil Procedure | 30 |
| Property Law | 30 |
| Costs | 20 |
16. Subjects
- Landlord and Tenant
- Civil Procedure
- Debt Recovery