Lim Leong Huat v Chip Hup Hup Kee Construction: Summary Judgment & Pleading Requirements

In Lim Leong Huat v Chip Hup Hup Kee Construction Pte Ltd, the High Court of Singapore heard appeals related to summary judgment applications. Lim Leong Huat, a former employee of Chip Hup Hup Kee Construction Pte Ltd (CHHKC), claimed the return of loans. CHHKC counterclaimed for alleged wrongful acts. The court dismissed Lim's appeal and partially allowed CHHKC's appeal, granting summary judgment for $347,030 against Lim and $426,700 against Lim and his wife, Mdm Tan Siew Lim. The court addressed whether a defendant can rely on allegations raised in an affidavit but not pleaded in their defense.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Chip Hup Hup Kee Construction Pte Ltd's appeal was partially allowed; summary judgment granted for $347,030 against Lim and $426,700 against Lim and Tan.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding summary judgment. The court addressed whether a defendant can rely on allegations in an affidavit not pleaded in defense.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Leong HuatPlaintiff, AppellantIndividualAppeal DismissedLost
Chip Hup Hup Kee Construction Pte LtdDefendant, RespondentCorporationAppeal Partially AllowedPartial
Tan Siew LimOtherIndividualJudgment againstLost
AZ Associates Pte LtdOtherCorporation

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Randolph KhooDrew & Napier LLC
Johnson LooDrew & Napier LLC
Indranee RajahDrew & Napier LLC
Keow Mei-YenDrew & Napier LLC
Chu Hua YiWong Tan & Molly Lim LLC
Philip LingWong Tan & Molly Lim LLC
Molly LimWong Tan & Molly Lim LLC
Hwa Hoong LuanWong Tan & Molly Lim LLC

4. Facts

  1. Lim Leong Huat was an employee of Chip Hup Hup Kee Construction Pte Ltd.
  2. Lim claimed the return of various loans made to CHHKC.
  3. CHHKC disputed the claim and made a counterclaim for alleged wrongful acts by Lim.
  4. Lim applied for summary judgment for $7,205,000.
  5. CHHKC applied for summary judgment for various sums against various parties.
  6. An assistant registrar declined to grant judgment in favor of Lim.
  7. The assistant registrar declined to grant judgment in favor of CHHKC and granted conditional leave to defend in respect of three sums.

5. Formal Citations

  1. Lim Leong Huat v Chip Hup Hup Kee Construction Pte Ltd, Suit 779/2006, RA 131/2007, 159/2007, 189/2007, [2008] SGHC 12

6. Timeline

DateEvent
Lim Leong Huat employed as General Manager and designated as Executive Director/Projects Director of CHHKC
Lim Leong Huat allegedly made loans to CHHKC
Lim Leong Huat allegedly made loans to CHHKC
Lim Leong Huat's employment with CHHKC ended
Lim applied for summary judgment
CHHKC applied for summary judgment
District Court decision in Superbowl Jurong Pte Ltd v Sami’s Curry Restaurant Pte Ltd
Lim and Tan filed affidavits
Decision Date

7. Legal Issues

  1. Summary Judgment
    • Outcome: The court held that it was not open to Lim and Tan to rely on an affidavit allegation which was inconsistent with their pleadings.
    • Category: Procedural
    • Sub-Issues:
      • Whether defendants can rely on allegations raised in affidavit not pleaded in defence

8. Remedies Sought

  1. Summary Judgment

9. Cause of Actions

  • Breach of Implied Duty of Good Faith and Fidelity

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lin Securities (Pte) v Noone & Co Sdn BhdHigh Court of Kuala LumpurYes[1989] 1 MLJ 321MalaysiaCited regarding the ability of a defendant to raise matters outside the pleadings at the Order 14 stage (application for summary judgment).
Superbowl Jurong Pte Ltd v Sami’s Curry Restaurant Pte LtdDistrict CourtYes[2007] SGDC 157SingaporeCited with approval of the decision in Lin Securities regarding raising matters outside pleadings at the Order 14 stage.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Order 14 Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Summary judgment
  • Pleadings
  • Affidavit
  • Counterclaim
  • Proxies

15.2 Keywords

  • Summary judgment
  • Pleadings
  • Affidavit
  • Construction
  • Singapore

17. Areas of Law

Area NameRelevance Score
Summary Judgement80
Civil Practice75
Fraud and Deceit50
Fiduciary Duties40
Contract Law30

16. Subjects

  • Civil Procedure
  • Contract Law