Goh Seng Heng v Wang Xiaopu: Appeal on Repayment of Sales Proceeds & Security for Costs

In the Court of Appeal of Singapore, Dr. Goh Seng Heng appealed against the High Court's decision ordering him to repay Wang Xiaopu the sales proceeds of $30,700,000 from the sale of shares in Aesthetic Medical Partners Pte Ltd, along with interest. The High Court also ordered Dr. Goh to pay costs and disbursements. Wang Xiaopu applied for orders related to the appeal, including security for costs. The Court of Appeal ordered Dr. Goh to provide further security for costs and secure the payment of outstanding costs and disbursements before proceeding with his appeal.

1. Case Overview

1.1 Court

Court of Appeal of the republic of singapore

1.2 Outcome

Appeal papers deemed filed and served; appellant ordered to provide further security for costs and secure payment of outstanding costs.

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning repayment of sales proceeds. The court ordered appellant to provide further security for costs and secure payment of outstanding costs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Wang XiaopuRespondent, Plaintiff, Defendant in CounterclaimIndividualAppeal papers deemed filed and servedNeutral
Dr Goh Seng HengAppellant, Defendant, Plaintiff in CounterclaimIndividualAppeal papers deemed filed and servedNeutral
Dr Goh Ming Li MichelleDefendant, Plaintiff in CounterclaimIndividualNo specific outcomeNeutral

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudge of AppealYes
Steven ChongJudge of AppealNo
Belinda Ang Saw EanJudgeNo

4. Counsels

Counsel NameOrganization
Mahesh Rai s/o Vedprakash RaiDrew & Napier LLC
Wong Wan Kee StephaniaDrew & Napier LLC
Dierdre Grace MorganDrew & Napier LLC
Yim Wing Kuen JimmyDrew & Napier LLC
Muk Chen Yeen JonathanLVM Law Chambers LLC
Samuel Lee Jia WeiLVM Law Chambers LLC
Lee Sien Lang JosephLVM Law Chambers LLC

4. Facts

  1. The appellant appealed against the High Court's decision ordering him to repay the sales proceeds of $30,700,000.
  2. The High Court also ordered the appellant to pay costs and disbursements of $460,000.
  3. The appellant applied for a bankruptcy order against himself, declaring no assets but liabilities of $676,350.
  4. The appellant was adjudged a bankrupt on his own application.
  5. The Official Assignee granted sanction to the appellant to continue with the appeal upon certain conditions.
  6. The appellant divested his interest in the bungalow to his wife in April 2019.
  7. The appellant changed his registered residential address one day before filing his bankruptcy application.

5. Formal Citations

  1. Goh Seng Heng v Wang Xiaopu, , [2020] SGCA 66

6. Timeline

DateEvent
Suit No 686 of 2015 filed
High Court ordered Dr. Goh Seng Heng to repay sales proceeds to Wang Xiaopu
High Court ordered Dr. Goh Seng Heng to pay costs and disbursements to Wang Xiaopu
Dr. Goh Seng Heng applied for a bankruptcy order against himself
Dr. Goh Seng Heng was adjudged a bankrupt
Appellant's lawyers filed appeal papers in CA 225
Wang Xiaopu applied in CA/SUM 62/2020 for various orders
Appellant’s lawyers applied in CA/SUM 65/2020 for extension of time
Official Assignee granted sanction to the appellant
Court of Appeal delivered judgment

7. Legal Issues

  1. Security for Costs
    • Outcome: The Court ordered the appellant to provide further security for costs in the amount of $20,000.
    • Category: Procedural
  2. Abuse of Process
    • Outcome: The Court found that there was abuse of process of the Court by the appellant.
    • Category: Substantive
  3. Staying an appeal pending payment of costs
    • Outcome: The Court ordered the appellant to secure the payment of the outstanding costs and disbursements for Suit 686 before he is allowed to proceed with his appeal in CA 225.
    • Category: Procedural

8. Remedies Sought

  1. Order that CA 225 be deemed withdrawn or struck out
  2. Further security for costs
  3. Payment of costs and disbursements

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Appeals
  • Litigation

11. Industries

  • Medical

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Roberto Building Material Pte Ltd and others v Oversea-Chinese Banking Corp Ltd and anotherCourt of AppealYes[2003] 2 SLR(R) 353SingaporeCited for the principle that the Court has inherent powers to stay an appeal pending payment of costs ordered for the trial in exceptional circumstances.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 2014 Rev Ed)
Order 57 r 3(4) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed)
O 92 r 4 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Bankruptcy Act (Cap 20, 2009 Rev Ed)Singapore
s 131(1)(a) of the Bankruptcy Act (Cap 20, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Security for costs
  • Bankruptcy
  • Dissipation of assets
  • Abuse of process
  • Official Assignee
  • Sanction
  • Mareva injunction

15.2 Keywords

  • Appeal
  • Security for costs
  • Bankruptcy
  • Dissipation of assets
  • Abuse of process

17. Areas of Law

Area NameRelevance Score
Costs80
Civil Practice75
Civil Procedure75
Appeal70
Bankruptcy60
Corporate Law30
Corporate Litigation30
Company Law30
Contract Law25
Breach of Contract25
Misrepresentation20
Fraud and Deceit20

16. Subjects

  • Civil Procedure
  • Bankruptcy Law
  • Costs