Foo Song Mee v Ho Kiau Seng: Dispute over Commission for En Bloc Apartment Purchase
In Foo Song Mee v Ho Kiau Seng, the High Court of Singapore addressed a dispute over a commission claimed by the plaintiff, Foo Song Mee, against the defendant, Ho Kiau Seng, for procuring a good price in the defendant's en bloc purchase of apartments. The court, presided over by Justice Lee Seiu Kin, dismissed Foo Song Mee's claim, finding that there was no agreement on the commission amount at the time the consideration was provided. The court also allowed Ho Kiau Seng's counterclaim for the return of payments made to Foo Song Mee, treating them as loans.
1. Case Overview
1.1 Court
High Court1.2 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
Real estate agent Foo Song Mee sues Ho Kiau Seng for unpaid commission related to an en bloc apartment purchase. The court dismisses the claim and allows the counterclaim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Foo Song Mee | Plaintiff | Individual | Claim Dismissed | Lost | |
| Ho Kiau Seng | Defendant | Individual | Judgment on Counterclaim | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Thong Young John | Pereira & Tan LLC |
| Hee Theng Fong | KhattarWong |
| Sim Mei Ling | KhattarWong |
4. Facts
- Plaintiff claimed the defendant agreed to pay her for procuring a good price for the en bloc purchase.
- Defendant denied entering into any agreement to pay the plaintiff a commission.
- Defendant purchased 11 units of apartments for $37,763,000.
- Defendant made two payments to the plaintiff: $145,956.70 and $20,000.
- Plaintiff claimed the defendant agreed to pay her 30% of the savings she obtained for him.
- Defendant claimed he agreed to pay the commission only if the properties were successfully resold.
- The properties were not resold.
5. Formal Citations
- Foo Song Mee v Ho Kiau Seng, Suit No 597 of 2009, [2011] SGHC 4
6. Timeline
| Date | Event |
|---|---|
| Plaintiff informed of the Development being developed by Gazelle Land Pte Ltd. | |
| Plaintiff met the defendant at the latter’s office at Jurong. | |
| Plaintiff gave the defendant a letter regarding the purchase and sale of the development. | |
| Defendant paid for the options to purchase for the 11 units. | |
| Defendant made a payment of $145,956.70 to the plaintiff. | |
| Defendant made a payment of $20,000 to the plaintiff. | |
| Suit No 597 of 2009 filed. | |
| Judgment reserved. | |
| Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that there was no agreement on the commission amount at the time the consideration was provided, and therefore no contract was formed.
- Category: Substantive
- Sub-Issues:
- Agreement on commission amount
- Consideration
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Real Estate
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- En bloc purchase
- Commission
- Real estate agent
- Price reduction
- Resale
15.2 Keywords
- commission
- en bloc
- real estate
- contract
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 85 |
| Agency Law | 70 |
| Real Estate | 60 |
| Commercial Leasing | 50 |
| Misrepresentation | 40 |
| En Bloc Sales | 30 |
16. Subjects
- Contract Dispute
- Real Estate Transaction