Lim Zhipeng v Seow Suat Thin: Appeal Against Summary Judgment Based on Deed of Guarantee

Lim Zhipeng sued Seow Suat Thin in the High Court of Singapore for $438,500 based on a deed of guarantee. The defendant, Seow Suat Thin, appealed against the summary judgment granted to the plaintiff. The court allowed the appeal, finding issues regarding the legitimacy and validity of the document. Costs were reserved to the trial judge.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal allowed and the order for summary judgment set aside.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against summary judgment allowed. The court found issues regarding the legitimacy and validity of the deed of guarantee.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim ZhipengPlaintiff, RespondentIndividualAppeal AllowedLost
Seow Suat ThinDefendant, AppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Adrian Tan Wen ChengAugust Law Corporation
Delson TanAugust Law Corporation
Kanthosamy RajendranRelianze Law Corporation

4. Facts

  1. Derek Cheong Wee Ker owed Lim Zhipeng $595,000.
  2. Derek Cheong Wee Ker was adjudicated a bankrupt on 13 July 2017.
  3. Seow Suat Thin signed an agreement to guarantee Derek Cheong Wee Ker's debt.
  4. Seow Suat Thin paid $40,000 to Lim Zhipeng.
  5. Lim Zhipeng received $11,500 from Derek Cheong Wee Ker.
  6. The outstanding debt was $438,500.
  7. The agreement was not a deed under seal.

5. Formal Citations

  1. Lim Zhipeng v Seow Suat Thin, HC/Suit No 336 of 2018, [2019] SGHC 104

6. Timeline

DateEvent
Derek Cheong Wee Ker adjudicated a bankrupt
Defendant signed an agreement by deed
Defendant paid $40,000 to the plaintiff
HC/Suit No 336 of 2018 filed
Judgment reserved
Judgment issued

7. Legal Issues

  1. Summary Judgment
    • Outcome: The court set aside the order for summary judgment.
    • Category: Procedural
  2. Validity of Guarantee Agreement
    • Outcome: The court found issues regarding the legitimacy and validity of the guarantee agreement.
    • Category: Substantive
  3. Consideration
    • Outcome: The court determined that whether the court can infer a forbearance to sue as consideration for the Agreement is a matter for trial.
    • Category: Substantive
    • Related Cases:
      • [2015] 1 SLR 396
      • [1993] SGHC 7

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract
  • Guarantee

10. Practice Areas

  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Kuek Siew Cheng v Kuek Siang Wei and anotherHigh CourtYes[2015] 1 SLR 396SingaporeCited regarding the requirement of consideration for a contract in the absence of a sealed deed.
Hishiya Seiko Co Ltd v Wah Nam Plastic Industry Pte Ltd and anotherHigh CourtYes[1993] SGHC 7SingaporeCited regarding the requirement of consideration for a contract in the absence of a sealed deed.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Bankruptcy Act (Cap 20, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Summary Judgment
  • Deed of Guarantee
  • Bankruptcy
  • Consideration
  • Outstanding Debt

15.2 Keywords

  • Summary Judgment
  • Guarantee
  • Bankruptcy Act
  • Consideration
  • Debt

17. Areas of Law

Area NameRelevance Score
Summary Judgement90
Guarantee80
Bankruptcy75
Civil Procedure70
Contract Law60

16. Subjects

  • Civil Procedure
  • Contract Law
  • Bankruptcy Law