Zhang De Long v Tea Yeok Kian: Appeal Against Striking Out Claim for Loan Repayment
In Zhang De Long v Tea Yeok Kian, the High Court of Singapore heard an appeal by the defendant, Zhang De Long, against the assistant registrar's dismissal of his application to strike out the plaintiff, Tea Yeok Kian's, statement of claim. The plaintiff claimed repayment of a loan. Choo Han Teck J dismissed the appeal, finding that the statement of claim disclosed a reasonable cause of action, even if the plaintiff's evidence was weak.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against dismissal of application to strike out claim for loan repayment. The court dismissed the appeal, finding a reasonable cause of action.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zhang De Long | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Tea Yeok Kian | Respondent, Plaintiff | Individual | Claim Not Struck Out | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Leslie Yeo Choon Hsien | Sterling Law Corporation |
| Ng Hweelon | Legal Clinic LLC |
4. Facts
- The plaintiff claimed he loaned the defendant NT$9,300,000 or US$303,056.
- The loan was allegedly at an agreed exchange rate of US$1 to NT30.75.
- The defendant was to repay the loan with interest at 1.2% per month.
- The plaintiff remitted US$292,146 to Sim Ai Ling's account on the defendant's instructions.
- The defendant allegedly failed to repay the loan by 18 June 2011 as agreed.
5. Formal Citations
- Zhang De Long v Tea Yeok Kian, Suit No 568 of 2011 (Registrar's Appeal No 39 of 2012), [2012] SGHC 62
6. Timeline
| Date | Event |
|---|---|
| Lawsuit filed | |
| Defendant failed to repay the loan | |
| Appeal dismissed |
7. Legal Issues
- Striking Out Pleadings
- Outcome: The court held that the statement of claim disclosed a reasonable cause of action.
- Category: Procedural
- Sub-Issues:
- No reasonable cause of action
- Scandalous, frivolous or vexatious
- Abuse of process of court
- Loan Repayment
- Outcome: The court did not make a determination on the merits of the loan repayment claim.
- Category: Substantive
8. Remedies Sought
- Payment of principal sum
- Interest on the principal sum
9. Cause of Actions
- Breach of Contract
- Debt
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Loan
- Statement of claim
- Striking out
- Reasonable cause of action
- Pleadings
15.2 Keywords
- loan
- striking out
- civil procedure
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Contract | 70 |
| Contract Law | 70 |
| Loans | 60 |
| Civil Litigation | 60 |
| Striking out | 50 |
| Summary Judgement | 50 |
| Civil Procedure | 40 |
16. Subjects
- Civil Litigation
- Debt Recovery