Quek Tiong Kheng v Chang Choong Khoon: Appeal on Investment Losses and Claims of Fraud and Misrepresentation
Quek Tiong Kheng and Lim Soon Boey sued Chang Choong Khoon Mark, Oilpods Singapore Pte Ltd, and Karin Yan in the District Court for fraud and misrepresentation related to investments in Texas property interests. The District Court allowed the first plaintiff's claim against Mark and Oilpods but dismissed the claims against Karin and the second plaintiff's claims against all three defendants. The plaintiffs appealed to the High Court, which dismissed the appeals. The High Court dismissed the summons and made no order as to costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Summons dismissed; no order as to costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding investment losses in Texas property interests. The court dismissed the appeal, addressing claims of fraud and misrepresentation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Quek Tiong Kheng | Plaintiff, Appellant | Individual | Claim allowed against Mark and Oilpods in District Court, Appeal Dismissed | Lost | |
| Lim Soon Boey | Plaintiff, Appellant | Individual | Claim Dismissed, Appeal Dismissed | Lost | |
| Chang Choong Khoon Mark | Defendant | Individual | Claim Allowed in District Court | Lost | |
| Oilpods Singapore Pte Ltd | Defendant | Corporation | Claim Allowed in District Court | Lost | |
| Karin Yan | Defendant, Respondent | Individual | Claim Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew Tan | Andrew Tan Tiong Gee & Co |
4. Facts
- Plaintiffs invested US$45,000 in Texas property interests.
- The investments were described as 'junk bonds' and a 'Ponzi scheme'.
- Plaintiffs sued Mark Chang, Oilpods Singapore Pte Ltd, and Karin Yan for fraud and misrepresentation.
- The District Court allowed the claim against Mark and Oilpods but dismissed the claim against Karin.
- The plaintiffs appealed to the High Court, which dismissed the appeals.
- The plaintiffs were ordered to pay costs to Karin Yan.
5. Formal Citations
- Quek Tiong Kheng and another v Chang Choong Khoon Mark and others, , [2013] SGHC 36
6. Timeline
| Date | Event |
|---|---|
| Plaintiffs invested in property interests in Texas. | |
| Claims filed in District Court. | |
| District Court allowed the first plaintiff’s claim against Mark and Oilpods. | |
| Application to adduce further evidence allowed by Lai J. | |
| Appeals dismissed by Coomaraswamy JC. | |
| Summons dismissed by Choo Han Teck J. |
7. Legal Issues
- Fraud
- Outcome: The court did not find sufficient evidence of fraud to support the claims against Karin Yan.
- Category: Substantive
- Misrepresentation
- Outcome: The court did not find sufficient evidence of misrepresentation to support the claims against Karin Yan.
- Category: Substantive
- Costs
- Outcome: The court dismissed the summons and made no order as to costs, considering the plaintiffs' financial situation and the high costs already awarded against them.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Fraud
- Misrepresentation
10. Practice Areas
- Commercial Litigation
11. Industries
- Real Estate
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Denis Mathew Harte v 1. Dr Tan Hun Hoe 2. Gleneagles Hospital Ltd | High Court | Yes | Denis Mathew Harte v 1. Dr Tan Hun Hoe 2. Gleneagles Hospital Ltd (Suit No 1691 of 1999) | Singapore | Cited for factors the court considers when determining whether to grant a Bullock or Sanderson order. |
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
- Investment Units
- Property Interests
- Fraud
- Misrepresentation
- Costs
- Garnishee Proceedings
- Sanderson Order
- Bullock Order
15.2 Keywords
- Investment
- Fraud
- Misrepresentation
- Appeal
- Costs
- Singapore
- Texas Property
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Fraud and Deceit | 75 |
| Misrepresentation | 70 |
| Costs | 50 |
| Garnishee Proceedings | 40 |
| Contract Law | 30 |
| Investment Disputes | 30 |
16. Subjects
- Investment Dispute
- Civil Litigation
- Appeals