Yo Kian Peng v Ng Kim Hock: Loan Dispute Involving Multiple Companies
In the High Court of Singapore, Yo Kian Peng sued Ng Kim Hock for the return of $2,087,882.00, representing the outstanding balance of alleged loans totaling $7 million. Yo Kian Peng claimed he lent the money to Ng Kim Hock, the younger brother of his ex-wife, between July and October 2006. The defendant, Ng Kim Hock, denied that the transactions were loans to him. The court found that the plaintiff failed to provide sufficient evidence to prove that the payments made to various companies were loans to the defendant and gave judgment for the defendant with costs awarded to the defendant.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Defendant
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff Yo Kian Peng sues Ng Kim Hock for the return of alleged loans. The court found insufficient evidence to prove the loans were made to the defendant.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Yo Kian Peng (alias Yeo Kian Peng) | Plaintiff | Individual | Claim Dismissed | Lost | Sunita Sonya Parhar |
Ng Kim Hock | Defendant | Individual | Judgment for Defendant | Won | S H Almenoar, Jeanne Wu |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Philip Pillai | Judge | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Sunita Sonya Parhar | S S Parhar & Co |
S H Almenoar | R Ramason & Almenoar |
Jeanne Wu | R Ramason & Almenoar |
4. Facts
- The plaintiff claimed he lent the defendant $7 million between July and October 2006.
- There were no loan agreements or acknowledgements of the loans.
- The plaintiff's cheques were made out to Glenwood and Mega Plast, not the defendant.
- The defendant denied that the transactions were loans to him.
- Payments were made by Glenwood, YSLI, Memory Japan and Ideo to Automobil.
- The plaintiff claimed the payments were repayments of the loans.
- The defendant's role and interest in Memory Japan and Ideo were not clearly established.
5. Formal Citations
- Yo Kian Peng (alias Yeo Kian Peng) v Ng Kim Hock, Suit No 565 of 2009, [2010] SGHC 369
6. Timeline
Date | Event |
---|---|
Loans made between July and October 2006 | |
Plaintiff issued cheque No 150909 for $200,000 | |
Plaintiff issued cheque No 150910 for $200,000 | |
Plaintiff issued cheque No 150918 for $1,600,000 to Glenwood | |
Glenwood paid Chainford $1,600,000 | |
Plaintiff issued cheque No 150934 for $1,600,000 to Mega Plast | |
Plaintiff issued cheque No 150935 for $1,600,000 to Mega Plast | |
Plaintiff issued cheque No 150936 for $1,800,000 to Mega Plast | |
Suit No 565 of 2009 filed | |
Judgment reserved | |
Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court found insufficient evidence to prove the existence of a loan agreement and thus no breach of contract.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
No cited cases |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Loan
- Cheque
- Repayment
- Glenwood
- Mega Plast
- Memory Japan
- Automobil
- Exchange of cheques
15.2 Keywords
- Loan
- Contract
- Singapore
- High Court
- Breach of Contract
16. Subjects
- Contract Dispute
- Loan Agreement
17. Areas of Law
- Contract Law
- Civil Procedure