Low Kin Kok v Lee Chiow Seng: Breach of Contract in Beach Resort Investment
In Low Kin Kok v Lee Chiow Seng, the Singapore High Court addressed a dispute between Low Kin Kok and Lim Hun Wan (Plaintiffs) and Lee Chiow Seng and Lee Chiow Poh (Defendants) concerning a failed beach resort investment in Indonesia. The Plaintiffs claimed breach of contract, misrepresentation, and restitution. The court, presided over by George Wei JC, disallowed the claims for misrepresentation and restitution but allowed the breach of contract claim, granting judgment of S$750,000 to the Plaintiffs. The court found that the Defendants breached an undertaking to take over the purchase of the Plaintiffs' allotted plots of land when the sale was aborted due to the Defendants' failure to release the title deeds.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on a breach of contract claim arising from a failed beach resort investment project in Indonesia. Judgment for Plaintiff.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Low Kin Kok (alias Low Kong Song) | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Lim Hun Wan | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Lee Chiow Seng | Defendant | Individual | Judgment against Defendant | Lost | |
| Lee Chiow Poh | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| George Wei | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Boon Khoon Lim | Dora Boon & Company |
| Dora Chua | Dora Boon & Company |
4. Facts
- Plaintiffs and Defendants invested in a beach resort project in Indonesia.
- Plaintiffs each invested S$100,000 in the project.
- Defendants represented they would develop the land into a beach resort.
- The project did not proceed as planned.
- Defendants agreed to allow Plaintiffs to find buyers for the land.
- Defendants later refused to release title deeds for the Plaintiffs' plots.
- Plaintiffs found a buyer for their plots for S$750,000.
5. Formal Citations
- Low Kin Kok (alias Low Kong Song) and another v Lee Chiow Seng and another, Suit No 747 of 2012, [2014] SGHC 208
6. Timeline
| Date | Event |
|---|---|
| D1 informed P1 about Indonesian landowner Tarigan and land in Padang. | |
| P1 agreed to stand as guarantor and transferred S$230,000. | |
| P2 invested S$100,000 in the beach resort project. | |
| Defendants informed Plaintiffs that the beach resort project was called off. | |
| Plaintiffs began seeking buyers for the nine plots of land. | |
| D1 confirmed change of mind via email. | |
| Defendants informed Plaintiffs they would not be selling their plots of land. | |
| Plaintiffs' solicitors requested a date to exchange cashier's order for title deeds. | |
| Plaintiffs sent another letter to Defendants. | |
| Defendants requested a sale and purchase agreement draft. | |
| D1 stated he was prepared to release all nine title deeds. | |
| Plaintiffs stated they might look to D1 for the lost opportunity. | |
| D1's Affidavit filed. | |
| P1 and P2's Affidavit-of-Evidence-in-Chief filed. | |
| Trial began. | |
| Trial concluded. | |
| Plaintiffs' and D1's Closing Submissions filed. | |
| Judgment delivered. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the Defendants breached their undertaking to take over the purchase of the Plaintiffs’ allotted plots of land.
- Category: Substantive
- Misrepresentation
- Outcome: The court dismissed the Plaintiffs’ claim in misrepresentation.
- Category: Substantive
- Restitution
- Outcome: The court disallowed the Plaintiffs’ claim in restitution.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Misrepresentation
- Restitution
10. Practice Areas
- Commercial Litigation
- Investment Disputes
11. Industries
- Real Estate
- Hospitality
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Koon Park and another v Yap Jin Meng Bryan and another | Court of Appeal | Yes | [2013] 4 SLR 150 | Singapore | Cited for the legal principles on what constitutes an operative misrepresentation. |
| Tan Chin Seng and others v Raffles Town Club Pte Ltd | Court of Appeal | Yes | [2003] 3 SLR(R) 307 | Singapore | Cited for the principle that a statement as to intention could be a statement of fact. |
| Edgington v Fitzmaurice | Chancery Division | Yes | (1885) 29 Ch D 459 | England and Wales | Cited for the principle that a misstatement of the state of a man’s mind is a misrepresentation of fact. |
| Wales v Wadham | High Court | Yes | [1977] 2 All ER 125 | England and Wales | Cited for the principle that a statement of intention is not a representation of existing fact, unless the person making it does not honestly hold the intention he is expressing. |
| Colliers International (Singapore) Pte Ltd v Senkee Logistics Pte Ltd | High Court | Yes | [2007] 2 SLR(R) 230 | Singapore | Cited as an example of how a court would approach the issue of whether there was a contract in the absence of a proper written agreement. |
| Cooperatieve Centrale Raiffeisen-Boerenleenbank BA (trading as Rabobank International), Singapore Branch v Motorola Electronics Pte Ltd | Court of Appeal | Yes | [2011] 2 SLR 63 | Singapore | Cited for the principle that contracts may in certain cases be implied from a course of conduct or dealings between the parties or from correspondence or all relevant circumstances. |
| Tribune Investment Trust Inc v Soosan Trading Co Ltd | High Court | Yes | [2000] 2 SLR(R) 407 | Singapore | Cited for the principles of law relating to the formation of contracts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Limitation Act (Cap 163, 1996 Rev Ed) s 6(1) | Singapore |
| Limitation Act s 4 | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 18 r 8 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Beach Resort Project
- Title Deeds
- Investment
- Plots of Land
- Oral Agreement
- Undertaking
- Reimbursement
15.2 Keywords
- Breach of Contract
- Misrepresentation
- Investment
- Beach Resort
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Contract | 75 |
| Contract Law | 65 |
| Failed Investment Project | 60 |
| Misrepresentation | 60 |
| Investment Disputes | 55 |
| Civil Litigation | 50 |
| Business Litigation | 40 |
| Litigation | 30 |
16. Subjects
- Contract Dispute
- Investment Litigation