Awyong Shi Peng v Lim Siu Lay: Appeal to Set Aside Default Judgment Condition
In Awyong Shi Peng v Lim Siu Lay, the High Court of Singapore heard an appeal against the District Judge's decision to dismiss the appellant's application to set aside a condition requiring him to furnish security in the form of a Banker's guarantee or pay $100,000 into court. The underlying claim involved a dispute over $100,000 allegedly given to the appellant by the respondent's father to be paid to the respondent. The court allowed the appeal, rescinding the condition for setting aside the default judgment, allowing the appellant to defend the claim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed, condition for setting aside the default judgment was rescinded.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal to set aside a condition imposed for setting aside a default judgment. The court allowed the appeal, rescinding the condition for security.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Awyong Shi Peng | Appellant, Defendant | Individual | Appeal Allowed | Won | |
| Lim Siu Lay | Respondent, Plaintiff | Individual | Condition for setting aside default judgment rescinded | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kevin Kwek | Legal Solutions LLC |
| Steven Lee Chung Yen | Hilborne & Co |
4. Facts
- The respondent claimed the appellant received $100,000 from the respondent's father to be paid to the respondent when he turned 21.
- The appellant allegedly signed a memorandum acknowledging receipt of the money and unconditionally undertaking to pay it to the respondent.
- The appellant denied signing the memorandum and receiving the money.
- The respondent commenced the main suit against the appellant after the appellant refused to pay the sum.
- The appellant filed an application to strike out the writ of summons instead of filing a defence.
- The respondent entered judgment in default of defence.
- The Deputy Registrar ordered that the default judgment be set aside provided the condition imposed was fulfilled.
5. Formal Citations
- Awyong Shi Peng v Lim Siu Lay, DC Suit 610/2006, RAS 83/2006, [2007] SGHC 16
6. Timeline
| Date | Event |
|---|---|
| Appellant allegedly received $100,000 from Awyong Kah Lock to be paid to the respondent. | |
| Appellant refused to pay $100,000 to the respondent. | |
| Writ of summons served on the appellant. | |
| Appellant received notice to file defence within 48 hours. | |
| Default judgment entered against the appellant. | |
| Summons Entered No 4382 of 2006 was filed to set aside the default judgment. | |
| Appeal allowed and the condition for setting aside the default judgment was rescinded. |
7. Legal Issues
- Setting Aside Default Judgment
- Outcome: The court allowed the appeal and rescinded the condition for setting aside the default judgment.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TR Networks Ltd and Others v Elixir Health Holdings Pte Ltd and Others | High Court | Yes | [2005] SGHC 106 | Singapore | Cited for the principle that a judgment entered in default of defence can be set aside subject to the provision of security by the defence. |
| Alpine Bulk Transport Co. Inc v Saudi Eagle Shipping Co. Inc | N/A | Yes | [1986] 2 Lloyd’s Rep. 221 | N/A | Cited for the principle that the court would look at whether the defendant had established a defence with a real prospect of success and which carried some degree of conviction when exercising its discretion to set aside the judgment. |
| Abdul Gaffer v Chua Kwang Yong | N/A | Yes | [1995] 1 SLR 484 | Singapore | Cited for the principle that the court would look at whether the defendant had established a defence with a real prospect of success and which carried some degree of conviction when exercising its discretion to set aside the judgment. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 19 rule 9 of the Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Default Judgment
- Security
- Banker's Guarantee
- Memorandum
- Condition
15.2 Keywords
- default judgment
- security
- appeal
- civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Contract Law | 30 |
| Fraud and Deceit | 20 |
| Estoppel | 20 |
16. Subjects
- Civil Procedure
- Contract Law