DBS Bank Ltd v Lam Yee Shen: Mortgage Enforcement & Summary Judgment
DBS Bank Ltd sought to enforce a mortgage against Lam Yee Shen and Teo Sai Choo Regina in the General Division of the High Court of Singapore. The defendants resisted the application, alleging forgery and other discrepancies. Aedit Abdullah J dismissed the appeal, affirming the Assistant Registrar's order and finding that the defendants failed to raise any triable issues to warrant a trial. The court applied principles analogous to Order 14 of the Rules of Court, requiring the defendants to demonstrate a genuine dispute of fact or law.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal dismissed, and the order below affirmed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
DBS Bank seeks to enforce a mortgage against Lam Yee Shen. The court grants summary judgment for DBS, finding no triable issues.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| DBS Bank Ltd | Plaintiff, Respondent | Corporation | Judgment for Plaintiff | Won | Koh Yeong Hung Sasha |
| Lam Yee Shen | Defendant, Appellant | Individual | Appeal Dismissed | Lost | Dhanwant Singh |
| Teo Sai Choo Regina | Defendant, Appellant | Individual | Appeal Dismissed | Lost | Dhanwant Singh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Koh Yeong Hung Sasha | Adsan Law LLC |
| Dhanwant Singh | S K Kumar Law Practice LLP |
4. Facts
- The first and second defendants obtained a Housing Loan Facility from the plaintiff.
- The loans were secured by a mortgage over the property known as 20 Jalan Raja Udang #08-03 Global Ville Singapore 329192.
- The defendants defaulted on payments required under the Facility.
- The plaintiff issued letters recalling the Facility and demanding payment of outstanding sums.
- The plaintiff informed the defendants that they were required to deliver vacant possession of the Property.
- The defendants did not surrender vacant possession.
- The plaintiff made an application for an order for possession of the Property.
5. Formal Citations
- DBS Bank Ltd v Lam Yee Shen and another, Originating Summons No 1107 of 2020 (Registrar’s Appeal No 49 of 2021), [2021] SGHC 136
6. Timeline
| Date | Event |
|---|---|
| Housing Loan obtained by the defendants from the plaintiff. | |
| Instrument of Mortgage signed. | |
| Mortgage registered. | |
| Term Loan obtained by the defendants from the plaintiff. | |
| Plaintiff issued letters recalling the Facility and demanding payment. | |
| Plaintiff informed the defendants that they were required to deliver vacant possession of the Property. | |
| Plaintiff made an application for an order for possession of the Property. | |
| Order-in-terms granted by the Assistant Registrar. | |
| Defendants allegedly filed a police report. | |
| Appeal heard. | |
| Judgment issued. |
7. Legal Issues
- Enforcement of Mortgage
- Outcome: The court allowed the plaintiff's application to enforce the mortgage.
- Category: Substantive
- Summary Judgment
- Outcome: The court found that the defendants failed to raise any triable issues to warrant a trial.
- Category: Procedural
- Sub-Issues:
- Triable issue under Orders 14 and 83 of the Rules of Court
- Related Cases:
- [2007] SGHC 84
8. Remedies Sought
- Order for Possession of Property
- Payment of Outstanding Sums
9. Cause of Actions
- Enforcement of Mortgage
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Mortgage Enforcement
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sim Lian (Newton) Pte Ltd v Gan Beng Cheng Raynes and Another | High Court | Yes | [2007] SGHC 84 | Singapore | Cited for the principle that Order 14 principles ought to apply to applications under Order 83 of the Rules of Court. |
| Calvin Klein, Inc and another v HS International Pte Ltd and others | N/A | Yes | [2016] 5 SLR 1183 | Singapore | Cited for the principle that a bare allegation does not raise a triable issue. |
| B2C2 Ltd v Quoine Pte Ltd | N/A | Yes | [2018] 4 SLR 1 | Singapore | Cited for the principle that there must be some cogent evidence to support the defendant’s assertions. |
| MP-Bilt Pte Ltd v Oey Widarto | N/A | Yes | [1999] 1 SLR(R) 908 | Singapore | Cited for the principle that a robust approach should be taken in commercial and construction cases where cash flow is the life blood in making commerce work. |
| Hua Khian Ceramics Tiles Supplies Pte Ltd v Torie Construction Pte Ltd | N/A | Yes | [1991] 2 SLR(R) 901 | Singapore | Cited for the approval of a robust approach to be taken in commercial and construction cases where cash flow is the life blood in making commerce work. |
| National Westminster Bank plc v Daniel and others | N/A | Yes | [1993] 1 WLR 1453 | N/A | Cited for the principle that if the allegation of forgery is clearly not credible at all, there is no fair or reasonable probability of a real defence. |
| KLW Holdings Ltd v Straitsworld Advisory Ltd and another | N/A | Yes | [2017] 5 SLR 184 | Singapore | Cited for the principle that the improbability of bare assertions will weigh against finding that a triable issue has been raised. |
| Zheng Yu Shan v Lian Beng Construction (1988) Pte Ltd | N/A | Yes | [2009] 2 SLR(R) 587 | Singapore | Cited for the principle that the court can take judicial notice of facts which are so notorious or so clearly established that they are beyond the subject of reasonable dispute. |
| Malayan Banking Berhad v Sivakolunthu Thirunavukarasu and others | N/A | Yes | [2008] 1 SLR(R) 149 | Singapore | Cited regarding the presumption of undue influence when the same lawyers act for both the plaintiff and defendants in a mortgage. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles Act | Singapore |
| Land Titles (Strata) Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mortgage
- Housing Loan Facility
- Term Loan
- Vacant Possession
- Triable Issue
- Forgery
- Undue Influence
- Summary Judgment
15.2 Keywords
- mortgage
- enforcement
- summary judgment
- property
- loan
- DBS
- Singapore
16. Subjects
- Mortgage Law
- Civil Procedure
- Banking Law
17. Areas of Law
- Civil Procedure
- Credit And Security
- Mortgage of Real Property