Seng Swee Leng v Wong Chong Weng: Specific Performance & Forged Option to Purchase

In Seng Swee Leng v Wong Chong Weng, the High Court of Singapore addressed a claim by Mr. Seng Swee Leng for specific performance of a sale and purchase agreement based on an option to purchase against Mr. Wong Chong Weng. The defendant counterclaimed for the removal of a caveat lodged by the plaintiff. The court, presided over by Justice Philip Pillai, dismissed the plaintiff's claim and granted judgment for the defendant, finding that the signature on the option to purchase was a forgery, rendering the option null and void.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's claim dismissed; judgment for defendant on counterclaim.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed a claim for specific performance, finding the option to purchase was based on a forged signature and thus invalid.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Seng Swee LengPlaintiffIndividualClaim DismissedLost
Wong Chong WengDefendantIndividualJudgment on CounterclaimWon

3. Judges

Judge NameTitleDelivered Judgment
Philip PillaiJudgeYes

4. Counsels

Counsel NameOrganization
Jiang Ke-YueLee & Lee
Sharon Chong Chin YeeLee & Lee
Liaw Jin PohTan Lee & Choo

4. Facts

  1. The plaintiff sought specific performance of a sale and purchase agreement.
  2. The defendant claimed the signature on the option to purchase was a forgery.
  3. The property agent, Yong, approached the defendant to find a buyer.
  4. The defendant initialed a blank option document but did not sign it.
  5. The plaintiff delivered an option fee cheque to Yong.
  6. The defendant rejected the initial cheque due to errors.
  7. The plaintiff exercised the option, but the defendant's solicitors denied acting for him.

5. Formal Citations

  1. Seng Swee Leng v Wong Chong Weng, Suit No 949 of 2009, [2010] SGHC 343

6. Timeline

DateEvent
Option to purchase dated
Advertisement in the Straits Times newspaper
Plaintiff exercised the Option
Plaintiff's solicitors lodged the Caveat over the Property
Plaintiff’s solicitors wrote to both the named solicitors and the defendant
Plaintiff’s solicitors served a 21 day notice to complete to the defendant
Judgment reserved

7. Legal Issues

  1. Validity of Option to Purchase
    • Outcome: The court held that the option to purchase was invalid due to the forged signature of the defendant.
    • Category: Substantive
    • Sub-Issues:
      • Forgery of signature
      • Lack of intention to create a legally binding contract
    • Related Cases:
      • (1863) 159 ER 47
      • [2009] EWHC 3515
      • [2009] EWHC 3141
      • [2004] EWHC 772
      • [2003] EWCA Civ 1729
  2. Specific Performance
    • Outcome: The court denied the plaintiff's claim for specific performance.
    • Category: Substantive

8. Remedies Sought

  1. Specific Performance
  2. Removal of Caveat

9. Cause of Actions

  • Specific Performance

10. Practice Areas

  • Commercial Litigation
  • Real Estate Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Painter v AbelN/ANo(1863) 159 ER 47N/ACited for the principle that a contract with a forged signature is a nullity.
Pubs (London) Limited, Mr Ian Bryant v Melson Limited, Mr Tucker, Mrs Tucker, Mr GrimesEnglish High CourtNo[2009] EWHC 3515England and WalesCited for the principle that a contract with a forged signature is a nullity.
A/S Dan Bunkering Limited v F G Hawkes (Western) Limited, Alani Shipping Co (UK) Limited, David John OrrellsEnglish High CourtNo[2009] EWHC 3141England and WalesCited regarding the burden of proof in cases of alleged forgery.
Harold Anthony Newell v Stuart Stanley Tarrant, Felicity Mary Wise (formerly Ross)N/ANo[2004] EWHC 772N/ACited for the principle of objective intention of parties to create a legally binding contract.
Ove Arup & Partners International Ltd & Another v Mirant Asia-Pacific Construction (Hong Kong) Limited & AnotherN/ANo[2003] EWCA Civ 1729N/ACited for the principle of objective intention of parties to create a legally binding contract.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Option to Purchase
  • Specific Performance
  • Forgery
  • Caveat
  • Initialling
  • Property Agent

15.2 Keywords

  • Specific Performance
  • Option to Purchase
  • Forgery
  • Real Estate
  • Singapore
  • Contract Law

17. Areas of Law

Area NameRelevance Score
Forgery90
Contract Law80
Breach of Contract70
Property Law60
Specific performance50
Misrepresentation40
Mistake30
Estoppel20

16. Subjects

  • Contract Law
  • Real Estate
  • Forgery