Zhao Feng Guo v Tan Hong Soon: Setting Aside Default Judgment for Illegality and Improper Service
In Zhao Feng Guo v Tan Hong Soon, the High Court of Singapore dismissed the defendant's appeal to set aside an interlocutory judgment obtained in default of appearance. The defendant argued that the plaintiff's failure to disclose documents relating to his repatriation amounted to illegality and that the writ of summons was improperly served. The court found no merit in either argument, holding that the alleged misrepresentation was too remote from the tort action and that the minor irregularity in service did not warrant setting aside the judgment. The court emphasized that the assessment of damages was nearly complete, making it too late to set aside the judgment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed an appeal to set aside a default judgment, finding no illegality in non-discovery of documents and no merit in the claim of improper service.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zhao Feng Guo | Plaintiff, Respondent | Individual | Judgment upheld | Won | |
| Tan Hong Soon t/a Intense Engineering Construction | Defendant, Appellant | Corporation | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Namasivayam Srinivasan | Hoh & Partners |
| Mahendra S Segeram | Segeram & Co |
4. Facts
- The plaintiff was employed by the defendant as an engineer.
- The plaintiff was injured in an accident involving a power cutter on 15 January 2001.
- The plaintiff issued a writ of summons against the defendant on 31 July 2001.
- Interlocutory judgment in default of appearance was entered for the plaintiff on 2 October 2001.
- The defendant applied to set aside the interlocutory judgment on 28 February 2003.
- The defendant argued the plaintiff misrepresented his qualifications and was deported before issuing the writ.
5. Formal Citations
- Zhao Feng Guo v Tan Hong Soon t/a Intense Engineering Construction, Suit 958/2001, RA 80/2003, [2003] SGHC 106
6. Timeline
| Date | Event |
|---|---|
| Plaintiff injured in an accident. | |
| Plaintiff issued a writ of summons against the defendant. | |
| Writ served on the defendant. | |
| Interlocutory judgment in default of appearance entered for the plaintiff. | |
| Summons-for-direction heard. | |
| Summons-for-further-directions heard for assessment of damages. | |
| Defendant discovered irregularities in the plaintiff’s immigration documents. | |
| Defendant applied to set aside the interlocutory judgment. | |
| Application to set aside the interlocutory judgment dismissed; assessment proceeded. | |
| Appeal dismissed. |
7. Legal Issues
- Setting aside judgment in default of appearance
- Outcome: The court held that the grounds for setting aside the judgment were without merit.
- Category: Procedural
- Sub-Issues:
- Non-discovery of documents
- Irregular service of writ of summons
- Related Cases:
- [1997] 3 SLR 619
- Causation in tort
- Outcome: The court found the plaintiff's alleged misrepresentation too remote from the point of causation in tort.
- Category: Substantive
- Sub-Issues:
- Remoteness of damage
8. Remedies Sought
- Damages
9. Cause of Actions
- Tort
- Negligence
10. Practice Areas
- Civil Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ooi Han Sun & Anor v Bee Hua Meng | Unknown | Yes | [1991] SLR 824 | Singapore | Cited regarding the application of the maxim ex turpi causa non oritur actio in tort and its relevance to the quantum of damages. |
| Ang Kim Soon v Sunray Marine Pte Ltd | Unknown | Yes | [1997] 3 SLR 619 | Singapore | Cited regarding the timeliness of an application to set aside an interlocutory judgment and the prejudice to the plaintiff. |
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
- Interlocutory judgment
- Default of appearance
- Setting aside judgment
- Causation
- Misrepresentation
- Illegality
- Irregular service
15.2 Keywords
- judgment
- appeal
- tort
- negligence
- damages
- civil procedure
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Torts | 70 |
| Misrepresentation | 65 |
| Personal Injury | 50 |
| Damages | 50 |
16. Subjects
- Civil Procedure
- Tort Law
- Personal Injury