Associated Development Pte Ltd v Loong Sie Kiong: Summary Judgment & Limitation Act
Associated Development Pte Ltd, Lee Tung Company (Private) Limited, and Chow Cho Poon (Private) Limited sued Loong Sie Kiong Gerald, administrator of the estate of Chow Cho Poon, deceased, in the High Court of Singapore, seeking to recover sums owed by the deceased's estate. The plaintiffs applied for summary judgment, which was initially dismissed by the Assistant Registrar. Judith Prakash J allowed the plaintiffs' appeals, granting summary judgment for the amounts claimed, except for certain small amounts not proven. The court held that the debts were secured by liens and were not time-barred under the Limitation Act.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals of the plaintiffs allowed. Judgment entered for the plaintiffs for the amounts claimed, less $90.90 in the case of Lee Tung and $4,118.98 in the case of CCPL.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Summary judgment granted to plaintiffs. The court held that the debts were secured by a lien and the claims were not time-barred.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Associated Development Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | Ang Cheng Hock, Jacqueline Lee |
| Lee Tung Company (Private) Limited | Plaintiff | Corporation | Judgment for Plaintiff | Won | Ang Cheng Hock, Jacqueline Lee |
| Chow Cho Poon (Private) Limited | Plaintiff | Corporation | Judgment for Plaintiff | Won | Ang Cheng Hock, Jacqueline Lee |
| Loong Sie Kiong Gerald | Defendant | Individual | Appeal Dismissed, Leave to defend, Leave to defend | Lost, Partial, Partial | TPB Menon, Khoo Boo Jin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ang Cheng Hock | Allen & Gledhill LLP |
| Jacqueline Lee | Allen & Gledhill LLP |
| TPB Menon | Wee Swee Teow & Co |
| Khoo Boo Jin | Wee Swee Teow & Co |
4. Facts
- Associated Development Pte Ltd, Lee Tung Company (Private) Limited, and Chow Cho Poon (Private) Limited were established by the late Mr Chow Cho Poon.
- The defendant was sued in his capacity as the Administrator of the Estate of Chow Cho Poon, deceased.
- The plaintiffs sought declarations and orders for the Estate to pay sums owed to them.
- The Estate's trustees confirmed the Estate's indebtedness to the plaintiffs.
- The companies claimed a lien over the Estate’s shares in them.
- The defendant obtained a court order which set aside all the share transfers.
- The companies' audited accounts stated that the loans were unsecured.
5. Formal Citations
- Associated Development Pte Ltd v Loong Sie Kiong Gerald (administrator of the estate of Chow Cho Poon, deceased) and Other Suits, Suit 722/2007, 723/2007, 724/2007, RA 473/2008, 474/2008, [2009] SGHC 165
6. Timeline
| Date | Event |
|---|---|
| Will of Chow Cho Poon dated | |
| Chow Cho Poon died | |
| Mrs. Grace Chow died | |
| Chi, Chuen and Ching appointed as co-trustees of the Estate | |
| Mr. Lee ceased to be an executor and trustee of the Estate | |
| Loong Sie Kiong Gerald appointed by the High Court to administer the Estate | |
| Court order set aside all the share transfers | |
| Chuen granted leave of court to commence legal proceedings | |
| Suits commenced | |
| Suits consolidated | |
| Chuen should have conduct of the consolidated suits until determination of the companies’ applications for summary judgment | |
| Judgment reserved |
7. Legal Issues
- Summary Judgment
- Outcome: The court determined that summary judgment should be entered for the plaintiffs.
- Category: Procedural
- Sub-Issues:
- Test to determine whether summary judgment should be entered
- Related Cases:
- [2003] 3 SLR 32
- Limitation of Actions
- Outcome: The court held that the claims were not time-barred because the debts were secured by liens and there were acknowledgements of the debts.
- Category: Substantive
- Secured vs Unsecured Loans
- Outcome: The court determined that the loans were secured by liens due to the articles of association of the companies.
- Category: Substantive
- Related Cases:
- [1898] 2 Ch 629
- [1932] MLJ 134
- Validity of Acknowledgements
- Outcome: The court held that the Loan Confirmations were valid acknowledgements of the loans for the purpose of extending the limitation period.
- Category: Substantive
- Related Cases:
- [2003] 2 SLR 205
- [1958] 1 WLR 822
8. Remedies Sought
- Declaration that the Estate owes the plaintiffs certain sums
- Order that the Estate pays the plaintiffs certain sums
9. Cause of Actions
- Recovery of Debt
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Goh Chok Tong v Chee Soon Juan | Court of Appeal | Yes | [2003] 3 SLR 32 | Singapore | Cited for the test to obtain judgment, a plaintiff has first to show that he has a prima facie case for judgment. |
| In re National Bank of Wales, Limited | Court of Appeal | Yes | [1898] 2 Ch 629 | England and Wales | Cited as authority for the proposition that the absence of possession of share certificates does not deprive the lien-holder of the lien over shares. |
| Re Tan Keng Tin and Re Chop Soon Bee | High Court | Yes | [1932] MLJ 134 | Malaysia | Accepted In Re National Bank of Wales, Limited as authority for the proposition that the absence of possession of share certificates does not deprive the lien-holder of the lien over shares. |
| Beattie v E & F Beattie Ltd | High Court of Justice | Yes | [1938] Ch 708 | England and Wales | Cited to support the argument that the articles do not constitute a contract or agreement between the company and its director in his capacity as director, even though he is also a member of the company. |
| Chuan & Company Pte Ltd v Ong Soon Huat | Court of Appeal | Yes | [2003] 2 SLR 205 | Singapore | Cited to support the argument that the affidavit did not constitute an acknowledgement under s 27(2) because it was not sufficiently addressed to the company or its agent. |
| In re Transplanters (Holding Company) Ltd | High Court of Justice | Yes | [1958] 1 WLR 822 | England and Wales | Cited to support the argument that the applicant, in making the acknowledgement of indebtedness was acting against the interests of the company and in breach of his fiduciary duties to the company since the debt acknowledged was a debt due from the company to the applicant. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
| Section 21(1) Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
| Section 26(2) Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
| Section 27(2) Limitation Act | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Summary Judgment
- Limitation Act
- Lien
- Secured Loan
- Unsecured Loan
- Acknowledgement of Debt
- Articles of Association
- Audited Accounts
- Estate
- Administrator
15.2 Keywords
- Summary Judgment
- Limitation Act
- Secured Loan
- Unsecured Loan
- Acknowledgement of Debt
- Singapore
16. Subjects
- Civil Procedure
- Contract Law
- Limitation of Actions
- Company Law
17. Areas of Law
- Civil Procedure
- Limitation of Actions
- Contract Law
- Company Law