CRRC v Chen Weiping: Summary Judgment & Striking Out in Guarantee Claim
The plaintiffs, CRRC (Hong Kong) Co Limited and CRRC HongKong Capital Management Co Limited, filed a second action against the defendant, Chen Weiping, as guarantor of Midas Holdings Limited's obligations, specifically regarding the Series 004 Notes. The High Court of Singapore granted the plaintiffs' application for summary judgment against Chen and struck out Chen's counterclaim against the plaintiffs, Chew Hwa Kwang Patrick, and Guo Bingqiang. The decision, delivered by Justice Woo Bih Li on April 29, 2019, mirrored the outcome of a similar first action (Suit No 420 of 2018) concerning the Series 003 Notes.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Summary judgment granted against the defendant; counterclaim struck out.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Summary judgment granted against Chen Weiping as guarantor for Midas' obligations. Counterclaim struck out. Similar to Suit 420 of 2018.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CRRC (Hong Kong) Co Limited | Plaintiff, Defendant in Counterclaim | Corporation | Counterclaim Struck Out, Summary Judgment Granted | Won, Won | Ajinderpal Singh, Lee Wei Alexander, Ng Guo Xi, Zoe Pittas |
| CRRC HongKong Capital Management Co Limited | Plaintiff, Defendant in Counterclaim | Corporation | Counterclaim Struck Out, Summary Judgment Granted | Won, Won | Ajinderpal Singh, Lee Wei Alexander, Ng Guo Xi, Zoe Pittas |
| Chen Weiping | Defendant, Plaintiff in Counterclaim | Individual | Summary Judgment Granted, Counterclaim Struck Out | Lost, Lost | Wong Hin Pkin Wendall, Chen Jie’An Jared, Ang Xin Yi Felicia, Loo Quan Rung Alexis |
| Chew Hwa Kwang Patrick | Third Party, Defendant in Counterclaim | Individual | Counterclaim Struck Out | Won | Aaron Lee Teck Chye, Chong Xue Er, Cheryl |
| Guo BingQiang | Defendant in Counterclaim | Individual | Counterclaim Struck Out | Won | Ajinderpal Singh, Lee Wei Alexander, Ng Guo Xi, Zoe Pittas |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ajinderpal Singh | Dentons Rodyk & Davidson LLP |
| Lee Wei Alexander | Dentons Rodyk & Davidson LLP |
| Ng Guo Xi | Dentons Rodyk & Davidson LLP |
| Zoe Pittas | Dentons Rodyk & Davidson LLP |
| Wong Hin Pkin Wendall | Drew & Napier LLC |
| Chen Jie’An Jared | Drew & Napier LLC |
| Ang Xin Yi Felicia | Drew & Napier LLC |
| Loo Quan Rung Alexis | Drew & Napier LLC |
| Aaron Lee Teck Chye | Allen & Gledhill LLP |
| Chong Xue Er, Cheryl | Allen & Gledhill LLP |
4. Facts
- Plaintiffs filed a second action against Chen as guarantor of Midas' obligations.
- The second action concerned the Series 004 Notes issued by Midas.
- Plaintiffs sought summary judgment against Chen.
- Chen filed a counterclaim against the Plaintiffs, Chew Hwa Kwang Patrick, and Guo Bingqiang.
- The arguments in the applications were the same as those in the first action (Suit No 420 of 2018).
5. Formal Citations
- CRRC (Hong Kong) Co Ltd and another v Chen Weiping (Chew Hwa Kwang Patrick, third party), Suit No 815 of 2018, [2019] SGHC 110
6. Timeline
| Date | Event |
|---|---|
| First action filed by the Plaintiffs against Chen (Suit No 420 of 2018). | |
| Plaintiffs filed Summons No 5242 of 2018 for summary judgment against Chen. | |
| Plaintiffs and Guo Bingqiang filed Summons No 5698 of 2018 to strike out the counterclaim by Chen against them. | |
| Patrick Chew filed Summons No 5705 of 2018 to strike out Chen’s counterclaim against him and Summons No 5703 of 2018 to set aside Chen’s Third Party Notice against him. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Summary Judgment
- Outcome: Summary judgment was granted against the defendant.
- Category: Procedural
- Striking Out
- Outcome: The counterclaim was struck out.
- Category: Procedural
8. Remedies Sought
- Summary Judgment
- Striking Out of Counterclaim
9. Cause of Actions
- Guarantee
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
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
- Summary Judgment
- Striking Out
- Guarantee
- Counterclaim
- Series 004 Notes
- Midas Holdings Limited
15.2 Keywords
- Summary Judgment
- Striking Out
- Guarantee
- Counterclaim
- Singapore
- High Court
16. Subjects
- Civil Procedure
- Contract Law
17. Areas of Law
- Civil Procedure
- Summary Judgment
- Striking Out