Tan Yong Hui v Aasperon Venture: Summary Judgment for Breach of Settlement Agreement
In Tan Yong Hui v Aasperon Venture Pte Ltd and Tan Yong Seng, the High Court of Singapore granted summary judgment in favor of Tan Yong Hui against Aasperon Venture Pte Ltd and Tan Yong Seng for breach of a settlement agreement. The plaintiff, Tan Yong Hui, sought specific performance of the agreement and damages after the defendants failed to provide a banker's guarantee as stipulated in the settlement. The court found that the defendants had not raised any valid defenses and ordered specific performance, awarding the plaintiff $720,000 plus interest and costs.
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
Summary judgment granted for Tan Yong Hui against Aasperon Venture for breaching a settlement agreement. The court ordered specific performance and damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Yong Hui | Plaintiff | Individual | Judgment for Plaintiff | Won | Kesavan Nair, Leong Kit Ying Melissa |
| Aasperon Venture Pte Ltd | Defendant | Corporation | Judgment against Defendant | Lost | Yeo Choon Hsien Leslie |
| Tan Yong Seng | Defendant | Individual | Judgment against Defendant | Lost | Yeo Choon Hsien Leslie |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Senior Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kesavan Nair | Genesis Law Corporation |
| Leong Kit Ying Melissa | Genesis Law Corporation |
| Yeo Choon Hsien Leslie | Sterling Law Corporation |
4. Facts
- Plaintiff and second defendant are brothers and were directors/shareholders of the first defendant.
- Plaintiff commenced Suit No 1209 of 2014 against the two defendants.
- The parties entered into a Settlement Agreement on 21 July 2014.
- The Settlement Agreement required the first defendant to furnish a banker's guarantee.
- The first defendant failed to furnish the Bank Guarantee by the deadline.
- The first defendant defaulted on the Instalment Payments.
- The plaintiff commenced S 1209/2014 to seek specific performance of the Settlement Agreement.
5. Formal Citations
- Tan Yong Hui v Aasperon Venture Pte Ltd and another, Suit No 1209 of 2014 (Summons No 326 of 2015), [2015] SGHC 169
6. Timeline
| Date | Event |
|---|---|
| Second defendant appointed himself the first defendant’s secretary. | |
| Second defendant appointed Tew Siang Kian as a director. | |
| Second defendant appointed himself as the first defendant’s managing-director and removed the plaintiff as a director. | |
| Plaintiff obtained a consent injunction. | |
| Settlement Agreement executed. | |
| Deadline for first defendant to furnish the Bank Guarantee. | |
| First Instalment Payment made. | |
| Second Instalment Payment made. | |
| Court granted orders sought in the Application. | |
| Defendants requested further arguments. | |
| Deadline for defendants to furnish a banker’s guarantee. | |
| Court rejected defendants’ request for further arguments. | |
| Court settled the issue of costs for the entire proceedings. | |
| Plaintiff entered final judgment against the two defendants. | |
| Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court held that the defendants breached the settlement agreement by failing to provide the bank guarantee and defaulting on instalment payments.
- Category: Substantive
- Sub-Issues:
- Failure to provide bank guarantee
- Default of instalment payment
- Related Cases:
- [2012] 1 SLR 457
- Specific Performance
- Outcome: The court ordered specific performance of the settlement agreement, requiring the defendants to furnish a banker's guarantee.
- Category: Substantive
- Frustration of Contract
- Outcome: The court rejected the defendants' defense of frustration of contract, finding that their failure to perform was not due to extraneous events outside their control.
- Category: Substantive
- Related Cases:
- [1983] 1 AC 854
8. Remedies Sought
- Specific Performance
- Monetary Damages
- Interest
- Costs
9. Cause of Actions
- Breach of Contract
- Specific Performance
10. Practice Areas
- Commercial Litigation
11. Industries
- Manufacturing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Chee Weng v Lim Jit Ming Bryan | High Court | Yes | [2012] 1 SLR 457 | Singapore | Cited to support the principle that breach of a settlement agreement is sufficient to commence a suit. |
| The Moorcock | Probate Division | Yes | (1889) 14 PD 64 | England and Wales | Cited for the test to imply terms into a contract to give it business efficacy. |
| Foo Jong Seng v Phua Kiah Mai | Court of Appeal | Yes | [2012] 4 SLR 1267 | Singapore | Cited for approving the test in The Moorcock for implying terms into a contract. |
| Paul Wilson & Co. A/S v Partenreederei Hannah Blumenthal | House of Lords | No | [1983] 1 AC 854 | England and Wales | Cited for the requirements of the doctrine of frustration of contract. |
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
- Settlement Agreement
- Bank Guarantee
- Instalment Payments
- Specific Performance
- Frustration of Contract
15.2 Keywords
- Settlement Agreement
- Breach of Contract
- Summary Judgment
- Bank Guarantee
- Specific Performance
16. Subjects
- Contract Dispute
- Settlement Agreement
- Breach of Contract
17. Areas of Law
- Contract Law
- Civil Procedure
- Settlement Agreements