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 Court

1.2 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 NameRoleTypeOutcomeOutcome TypeCounsels
Yo Kian Peng (alias Yeo Kian Peng)PlaintiffIndividualClaim DismissedLostSunita Sonya Parhar
Ng Kim HockDefendantIndividualJudgment for DefendantWonS H Almenoar, Jeanne Wu

3. Judges

Judge NameTitleDelivered Judgment
Philip PillaiJudgeYes

4. Counsels

Counsel NameOrganization
Sunita Sonya ParharS S Parhar & Co
S H AlmenoarR Ramason & Almenoar
Jeanne WuR Ramason & Almenoar

4. Facts

  1. The plaintiff claimed he lent the defendant $7 million between July and October 2006.
  2. There were no loan agreements or acknowledgements of the loans.
  3. The plaintiff's cheques were made out to Glenwood and Mega Plast, not the defendant.
  4. The defendant denied that the transactions were loans to him.
  5. Payments were made by Glenwood, YSLI, Memory Japan and Ideo to Automobil.
  6. The plaintiff claimed the payments were repayments of the loans.
  7. The defendant's role and interest in Memory Japan and Ideo were not clearly established.

5. Formal Citations

  1. Yo Kian Peng (alias Yeo Kian Peng) v Ng Kim Hock, Suit No 565 of 2009, [2010] SGHC 369

6. Timeline

DateEvent
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

  1. 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

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
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