Ong Keh Choo v Bernardo: Summary Judgment & Failure of Consideration in Property Sale
In Ong Keh Choo v Paul Huntington Bernardo and Tran Hong Hanh, the High Court of Singapore heard a case regarding a dishonoured cheque related to a property sale. Ong Keh Choo, a real estate agent, sued Bernardo and Tran after Tran countermanded a cheque for $3.16 million intended as part of an option to purchase a flat. The defendants argued failure of consideration and potential fraud. Justice Choo Han Teck allowed the defendants' appeal, granting them unconditional leave to defend, citing the need for a full inquiry into the circumstances surrounding the cheque and the option.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed and the defendants are given unconditional leave to defend.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Real estate dispute over a dishonoured cheque for a flat purchase. The court allowed the defendant unconditional leave to defend due to potential failure of consideration.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Keh Choo | Plaintiff, Defendant-in-Counterclaim | Individual | Appeal allowed | Lost | Edwin Lee Peng Khoon, Rachael Chong Rae-Hua |
| Paul Huntington Bernardo | Defendant, Plaintiff-in-Counterclaim | Individual | Appeal allowed | Won | Narayanan Sreenivasan, Claire Tan Kai Ning, Partheban s/o Pandiyan |
| Tran Hong Hanh | Defendant, Plaintiff-in-Counterclaim | Individual | Appeal allowed | Won | Narayanan Sreenivasan, Claire Tan Kai Ning, Partheban s/o Pandiyan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Edwin Lee Peng Khoon | Eldan Law LLP |
| Rachael Chong Rae-Hua | Eldan Law LLP |
| Narayanan Sreenivasan | Straits Law Practice LLC |
| Claire Tan Kai Ning | Straits Law Practice LLC |
| Partheban s/o Pandiyan | Straits Law Practice LLC |
4. Facts
- Ong, a real estate agent, advertised a flat for sale.
- Tran contacted Ong about the flat and arranged a viewing.
- Tran wrote a cheque for $3.16m at Ong's request before receiving an option to purchase.
- Tran consulted a lawyer who advised her about unusual terms in the option.
- Tran countermanded the cheque after discovering Ong was the owner and expressing unhappiness with the non-disclosure.
5. Formal Citations
- Ong Keh Choo v Paul Huntington Bernardo and another, Suit No 258 of 2018, [2018] SGHC 175
6. Timeline
| Date | Event |
|---|---|
| Tran contacted Ong regarding an advertisement for the sale of a flat. | |
| Tran and Ong met to see the flat. | |
| Tran wrote a cheque for $3.16m for Ong to show the owner. | |
| Ong and Judi Lee handed the option to Tran. | |
| Judgment date | |
| Judgment date |
7. Legal Issues
- Summary Judgment
- Outcome: The court allowed the appeal and granted the defendants unconditional leave to defend, finding that a full inquiry was needed.
- Category: Procedural
- Failure of Consideration
- Outcome: The court found that a full inquiry was needed to determine whether the cheque was given in consideration of the option.
- Category: Substantive
- Fraud
- Outcome: The court noted the peculiar conduct of Ong and Judi Lee, suggesting a potential issue of fraud that warranted further investigation at trial.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Action on a dishonoured cheque
10. Practice Areas
- Summary Judgment
11. Industries
- Real Estate
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
- Option to purchase
- Summary judgment
- Failure of consideration
- Dishonoured cheque
- Real estate agent
15.2 Keywords
- Summary judgment
- Real estate
- Dishonoured cheque
- Failure of consideration
- Singapore
16. Subjects
- Civil Procedure
- Contract Law
- Real Estate Law
17. Areas of Law
- Civil Procedure
- Bills of Exchange And Other Negotiable Instruments