Ho Heng Leng v Lodge: Recovery of Friendly Loan & Administration of Assets
In Suit No 34 of 2016, heard in the High Court of Singapore, Ho Heng Leng (the plaintiff) sued the estate of Kenneth George Lodge, administrator of the estate of Vivien Lodge (the deceased), for recovery of a friendly loan of $308,308.15. The deceased allegedly promised to repay the loan from the sale proceeds of her Geylang property. The defendant joined Lim Soon Wah Thomas as a third party, claiming he should indemnify the estate. The court found in favor of the plaintiff, ruling that the money was indeed a loan and not a gift, and dismissed the third party claim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Ho Heng Leng sued the estate of Vivien Lodge for recovery of a friendly loan. The court found in favor of Ho Heng Leng, ordering repayment of the loan.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ho Heng Leng (alias Foo Chee Kai) | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Lodge, Kenneth George (litigation representative and administrator of the estate of Lodge, Vivien (alias Vivien Tsuji), deceased) | Defendant | Individual | Claim Dismissed | Lost | |
| Lim Soon Wah Thomas | Third Party | Individual | Claim Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Senior Judge | Yes |
4. Counsels
4. Facts
- Plaintiff sued the estate of her late cousin for recovery of a friendly loan of $308,308.15.
- The Deceased passed away on 30 May 2014 and is survived by her husband Kenneth George Lodge.
- The plaintiff and her siblings initially intended to give the sale proceeds of a property as a gift to the Deceased.
- The plaintiff and her siblings changed their minds and decided to make it a loan instead.
- The net sale proceeds of $308,308.15 were deposited into the Deceased’s bank account on 24 April 2013.
- The Deceased had allegedly promised to repay the loan from the sale proceeds of her Geylang property.
- The Geylang property was not sold before the Deceased’s demise.
5. Formal Citations
- Ho Heng Leng (alias Foo Chee Kai) v Lodge, Kenneth George (litigation representative and administrator of the estate of Lodge, Vivien (alias Vivien Tsuji), deceased)(Lim Soon Wah Thomas, third party), Suit No 34 of 2016, [2017] SGHC 96
6. Timeline
| Date | Event |
|---|---|
| Deceased married the defendant | |
| Victor suffered first stroke | |
| Emily passed away | |
| Deceased diagnosed with stage three cancer | |
| Victor suffered second stroke | |
| Deceased bought over Victor’s share of Geylang property | |
| May Ling advanced loan of $100,000 to the Deceased | |
| Sale of Circuit Road property completed | |
| Net sale proceeds deposited into Deceased’s bank account | |
| Deceased deposited $258,000 into Thomas’ DBS account | |
| Thomas deposited $200,000 into the Deceased’s POSB account | |
| Deceased repaid May Ling $100,000 | |
| Victor passed away | |
| Deceased passed away | |
| Deceased entered into exclusive estate agency agreement | |
| Plaintiff lodged a caveat on the Geylang property | |
| Defendant granted letters of administration to Deceased's estate | |
| Plaintiff commenced this action | |
| Defendant issued a Third Party Notice against Thomas | |
| Judgment reserved |
7. Legal Issues
- Recovery of Friendly Loan
- Outcome: The court ruled in favor of the plaintiff, finding that the money advanced to the deceased was a loan and not a gift.
- Category: Substantive
- Third Party Indemnity
- Outcome: The court dismissed the defendant's claim for indemnity or contribution from the third party.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Recovery of Loan
- Money Had and Received
10. Practice Areas
- Administration of Assets
- Money Had and Received
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Alwie Handoyo v Tjong Very Sumito | Court of Appeal | Yes | [2013] 4 SLR 308 | Singapore | Cited in support of the alternative claim based on money had and received, and the concept of unjust enrichment. |
| Westdeutsche Landesbank Gironzentrale v Islington London Borough Council | N/A | Yes | [1996] AC 669 | United Kingdom | Cited for the principle that the underlying basis for the action for money had and received is now embraced under the rubric of unjust enrichment. |
| Yeo Tiong Min, “Tracing and Three-Party Restitution” | N/A | Yes | [1993] SJLS 452 | Singapore | Cited for the principle that in the context of unjust enrichment, the word restitution describes a response to an event. |
| Wong Meng Cheong v Ling Ai Wah | N/A | Yes | [2012] 1 SLR 549 | Singapore | Cited for the principle that indemnity costs can be ordered in cases where litigants conduct their cases in bad faith or in an improper manner. |
| Macmillan Inc v Bishopsgate Investment Trust plc (No 3) | N/A | Yes | [1995] 3 All ER 747 | United Kingdom | Cited for the principle that the power to order taxation on an indemnity basis is not confined to cases brought with an ulterior motive or for improper purposes. |
| Three Rivers District Council and Others v Governor and Company of the Bank of England | N/A | Yes | [2006] 5 Costs LR 714 | United Kingdom | Cited regarding the award of costs on an indemnity basis. |
| Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd | High Court | Yes | [2013] SGHC 274 | Singapore | Cited regarding the award of costs on an indemnity basis. |
| Tan Juay Pah v Kimly Construction Pte Ltd | N/A | Yes | [2012] 2 SLR 549 | Singapore | Cited regarding the pleading of the legal basis for seeking an indemnity. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) Order 59 r 5 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Mental Capacity Act (Cap 177A, 2010 Rev Ed) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Friendly Loan
- Estate
- Sale Proceeds
- Geylang Property
- Circuit Road Property
- Letters of Administration
- Third Party Proceedings
- Indemnity
- Contribution
15.2 Keywords
- loan
- estate
- third party
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Estate Administration | 85 |
| Unjust Enrichment | 70 |
| Money had and received | 65 |
| Civil Procedure | 60 |
| Loans | 50 |
| Trust Law | 40 |
| Contract Law | 30 |
16. Subjects
- Loan Recovery
- Estate Administration
- Third Party Claims