Lee Theng Wee v Tay Chor Teng: Appeal to Set Aside Default Judgment
In Lee Theng Wee v Tay Chor Teng, the High Court of Singapore heard an appeal by Tay Chor Teng against the Assistant Registrar's decision to dismiss his application to set aside a default judgment obtained by Lee Theng Wee. Lee had filed a Writ of Summons for $300,000, the balance due under an Instalment Agreement. The High Court dismissed Tay's appeal, citing a long delay, lack of valid reason for the delay, and untruthfulness in Tay's supporting affidavit.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendant’s appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal by Tay Chor Teng to set aside a default judgment obtained by Lee Theng Wee. The High Court dismissed the appeal due to delay and lack of valid reason.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Theng Wee | Plaintiff, Respondent | Individual | Appeal dismissed | Won | |
| Tay Chor Teng | Defendant, Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ismail Atan | Gabriel Law Corporation |
| Leonard Loo | Leonard Loo & Co |
4. Facts
- Lee filed a Writ of Summons against Tay for $300,000 due under an Instalment Agreement.
- Judgment in default of appearance was obtained by Lee on 29 January 2000.
- Tay made part payments to Lee after the judgment was obtained.
- Lee filed two bankruptcy petitions against Tay.
- Tay applied to set aside the judgment more than three years after it was obtained.
- Tay claimed he signed the Instalment Agreement due to Lee's oral promise not to enforce it.
- Tay alleged Lee was an unlicensed money-lender.
5. Formal Citations
- Lee Theng Wee v Tay Chor Teng, Suit 600040/2000, RA 600021/2003, [2003] SGHC 173
6. Timeline
| Date | Event |
|---|---|
| Instalment Agreement signed by Tay Chor Teng. | |
| Writ of Summons filed by Lee Theng Wee. | |
| Writ served personally on Tay Chor Teng. | |
| Judgment in default of appearance obtained by Lee Theng Wee. | |
| Copy of judgment sent to Tay Chor Teng. | |
| Part payment of $10,000 received by Lee Theng Wee. | |
| Statutory demand issued by Lee’s solicitors. | |
| Statutory demand served personally on Tay Chor Teng. | |
| Bankruptcy petition filed against Tay Chor Teng. | |
| Guarantee signed by Tay Geok Hong. | |
| Part payment of $5,000 received by Lee Theng Wee. | |
| Part payment of $2,000 received by Lee Theng Wee. | |
| Part payment of $2,000 received by Lee Theng Wee. | |
| Another statutory demand issued and served on Tay Chor Teng. | |
| Second bankruptcy petition filed by Lee Theng Wee. | |
| Third statutory demand issued against Tay Chor Teng. | |
| Tay Chor Teng applied to set aside the judgment. | |
| Appeal dismissed. |
7. Legal Issues
- Setting Aside Default Judgment
- Outcome: The court held that the defendant's delay in applying to set aside the judgment, the lack of valid reasons for the delay, and the untruthfulness of his supporting affidavit weighed against setting aside the judgment.
- Category: Procedural
- Sub-Issues:
- Delay in application
- Validity of reasons for delay
- Truthfulness of supporting affidavit
- Related Cases:
- [1997] 3 SLR 619
- [1986] 2 Lloyd’s Rep 221
- Illegality of Loan (Moneylending)
- Outcome: The court considered the defendant's allegation that the plaintiff was an unlicensed moneylender but did not make a definitive ruling on the issue.
- Category: Substantive
8. Remedies Sought
- Setting aside of default judgment
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ang Kim Soon v Sunray Marine Pte Ltd | N/A | Yes | [1997] 3 SLR 619 | Singapore | Cited to support the principle that the court should consider the conduct of the defendant in addition to the prospect of success when deciding whether to set aside a default judgment. |
| Alphine Bulk Transport Co Inc v Saudi Shipping Co Inc | N/A | Yes | [1986] 2 Lloyd’s Rep 221 | N/A | Cited in Ang Kim Soon v Sunray Marine Pte Ltd for the principle that the court should consider the conduct of the defendant in addition to the prospect of success when deciding whether to set aside a default judgment. |
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
- Default judgment
- Instalment Agreement
- Bankruptcy petition
- Statutory demand
- Money-lending
- Setting aside
- Delay
- Part payment
15.2 Keywords
- default judgment
- setting aside
- appeal
- contract
- debt
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Setting Aside Default Judgement | 80 |
| Contract Law | 70 |
| Bankruptcy | 60 |
| Money and moneylenders | 50 |
| Summary Judgement | 40 |
| Evidence | 30 |
16. Subjects
- Civil Procedure
- Contract Law
- Debt Recovery