Goh Lye Chin Raymond v Poon Soon Chin: Specific Performance of Option to Purchase for Property
In Goh Lye Chin Raymond and another v Poon Soon Chin and another, the High Court of Singapore, on 12 August 2010, ruled in favor of the plaintiffs, Goh Lye Chin Raymond and Ong Siah Liyo, ordering specific performance of an option to purchase a property. The court found that the option, granted by the defendants, Poon Soon Chin and another, was validly exercised despite the defendants' claim that it had expired. The plaintiffs sought a declaration that the option to purchase was duly exercised and an order for specific performance. The court granted the order for specific performance.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court ordered specific performance of an option to purchase for a property, finding the option was validly exercised despite a dispute over its expiry date.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Goh Lye Chin Raymond | Plaintiff | Individual | Judgment for Plaintiff | Won | Fan Kin Ning |
Ong Siah Liyo | Plaintiff | Individual | Judgment for Plaintiff | Won | Fan Kin Ning |
Poon Soon Chin | Defendant | Individual | Order for specific performance of the Option | Lost | Tan Tuan Wee |
Another | Defendant | Individual | Order for specific performance of the Option | Lost | Tan Tuan Wee |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Philip Pillai | Judge | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Fan Kin Ning | David Ong & Partners |
Tan Tuan Wee | Sim Mong Teck & Partners |
4. Facts
- The defendants granted the plaintiffs an option to purchase a property.
- The first plaintiff initially believed he could not take the option in his name due to HDB rules.
- Three documents were signed: an Offer to Purchase, an Option to Purchase, and a Side Letter.
- The Option did not contain an expiry date.
- The Side Letter mentioned 5 April 2010, but not as an expiry date for the Option.
- The plaintiffs attempted to exercise the Option on 12 April 2010.
- The defendants refused to proceed, claiming the Option had expired.
5. Formal Citations
- Goh Lye Chin Raymond and another v Poon Soon Chin and another, Originating Summons No 449 of 2010, [2010] SGHC 232
6. Timeline
Date | Event |
---|---|
Option to purchase dated granted by the defendants | |
First plaintiff travelled | |
First plaintiff travelled | |
Meeting between defendants and property agent | |
Plaintiffs purported to exercise the Option | |
Defendants' lawyers returned the exercise cheque and documents | |
Judgment reserved |
7. Legal Issues
- Specific Performance
- Outcome: The court granted an order for specific performance of the option.
- Category: Substantive
- Related Cases:
- [1993] 2 SLR(R) 596
- Exercise of Option to Purchase
- Outcome: The court held that the option to purchase was validly exercised by the plaintiffs.
- Category: Substantive
8. Remedies Sought
- Declaration
- Specific Performance
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Real Estate Litigation
11. Industries
- Real Estate
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Tai Joon Lan v Yun Ai Chin and another | Unknown | Yes | [1993] 2 SLR(R) 596 | Singapore | Cited to support the treatment of the exercise of the Option on 12 April 2010 to be valid and that the defendants be compelled to perform the Option and proceed to complete the contract for the sale and purchase of the property provided therein. |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
Housing and Development Act (Cap 129, 2004 Rev Ed), section 49A | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Option to Purchase
- Side Letter
- Specific Performance
- Expiry Date
- Minimum Occupation Period
15.2 Keywords
- option to purchase
- specific performance
- property
- contract
- singapore
16. Subjects
- Contract Law
- Property Law
- Real Estate
- Options
17. Areas of Law
- Contract Law
- Real Estate Law
- Property Law
- Civil Procedure