Vasanthan v Ravishankar: Skantek Debt, Contract Formation & Moneylending

In Metupalle Vasanthan and another v Loganathan Ravishankar and another, the Singapore High Court addressed claims related to the assignment of a debt (Skantek debt), contract formation, and allegations of unlicensed moneylending. The first plaintiff, Metupalle Vasanthan, sought to recover US$3,050,000 based on an assignment from the second plaintiff, Laszlo Karoly Kadar, against the first defendant, Loganathan Ravishankar. Mr. Logan counterclaimed against Dr. Vas for US$739,624.60 for failure to transfer MyDoc shares under the Logan Trust Deed and against Mr. Laszlo for US$950,000 for breach of a compromise agreement. The court found that the Skantek debt had been compromised and that Mr. Logan's counterclaim against Dr. Vas was valid in part. The court gave judgment to Mr. Logan against Dr. Vas in the sum of US$388,281.22 and dismissed all other claims and counterclaims.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Judgment for the first defendant, Loganathan Ravishankar, against the first plaintiff, Metupalle Vasanthan, in the amount of US$388,281.22. All other claims and counterclaims are dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving a Skantek debt assignment, contract compromise, and allegations of unlicensed moneylending. Judgment for defendant on counterclaim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Loganathan RavishankarDefendant, Plaintiff in counterclaimIndividualJudgment for Plaintiff in CounterclaimWon
Metupalle VasanthanPlaintiff, Defendant in counterclaimIndividualJudgment againstLost
Laszlo Karoly KadarPlaintiff, Defendant in counterclaimIndividualClaim DismissedDismissed
Gunaratnam Sakunthar RajDefendantIndividualClaim DismissedDismissed

3. Judges

Judge NameTitleDelivered Judgment
Philip JeyaretnamJudicial CommissionerYes

4. Counsels

4. Facts

  1. Mr. Logan agreed to purchase Skantek from Mr. Laszlo for US$4,000,000.
  2. Mr. Logan claimed Mr. Laszlo misrepresented the value of Skantek.
  3. Mr. Logan lent US$350,000 to Clarity Radiology Pte Ltd.
  4. Dr. Vas signed a letter guaranteeing repayment of the Clarity debt.
  5. Dr. Vas and Mr. Logan executed a trust deed regarding MyDoc shares.
  6. Dr. Vas emailed Mr. Logan claiming to have assigned the Skantek debt.
  7. Dr. Vas agreed to shelve his claim regarding the Skantek debt.

5. Formal Citations

  1. Metupalle Vasanthan and another v Loganathan Ravishankar and another, Suit No 1180 of 2019, [2021] SGHC 238

6. Timeline

DateEvent
Mr. Laszlo married Ms. Devika.
Mr. Logan agreed to purchase Skantek from Mr. Laszlo under an oral contract.
Trust terminated, Mr. Logan became legal owner of Skantek shares.
Central Chambers Law Corporation letter acknowledging Skantek debt issued.
Telephone conversation between Mr. Laszlo and Mr. Tan regarding Skantek debt.
Loan agreement between Mr. Logan and Clarity Radiology Pte Ltd for US$350,000.
Dr. Vas signed a letter guaranteeing repayment of the Clarity debt.
Dr. Vas signed the guarantee.
Dr. Vas and Mr. Logan executed the Logan Trust Deed.
Dr. Vas emailed Mr. Logan regarding using MyDoc shares to pay Mr. Laszlo.
Meeting between Dr. Vas, Mr. Logan, Mr. Reza, and Mr. Shervin.
Dr. Vas emailed Mr. Logan agreeing to shelve the claim.
Mr. Logan requested Dr. Vas to transfer MyDoc shares via WhatsApp.
Mr. Logan requested Dr. Vas to transfer MyDoc shares via WhatsApp.
Mr. Logan issued a statutory demand on Dr. Vas.
Statutory demand served on Dr. Vas.
Deed of assignment created (backdated to January 14, 2018).
Mr. Laszlo refers to being happy to sign the formal Assignment document.
Dr. Vas executed another trust deed.
Claritas Healthtech Pte Ltd set up.
Notes of Evidence.
Notes of Evidence.
Notes of Evidence.
Notes of Evidence.
Defendants’ Closing Submissions.
Judgment reserved.

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found Dr. Vas liable for breach of contract for failure to transfer the MyDoc shares, but only to the extent of US$388,281.22.
    • Category: Substantive
    • Sub-Issues:
      • Failure to transfer MyDoc shares
      • Breach of compromise agreement
  2. Compromise Agreement
    • Outcome: The court found that a valid compromise agreement existed between Mr. Laszlo and Mr. Logan, precluding Mr. Laszlo from claiming the Skantek debt.
    • Category: Substantive
  3. Fraudulent Misrepresentation
    • Outcome: The court found that Mr. Laszlo made misrepresentations to Mr. Logan regarding the ICE Group's deals, but no damages were assessed.
    • Category: Substantive
  4. Assignment of Debt
    • Outcome: The court found that while an equitable assignment occurred, the Skantek debt had already been compromised. The court also found that the requirements for a legal assignment were not met.
    • Category: Substantive
    • Sub-Issues:
      • Legal assignment
      • Equitable assignment
      • Notice of assignment
  5. Moneylending
    • Outcome: The court found that the Moneylenders Act did not apply because the loan was a legitimate commercial transaction.
    • Category: Substantive
    • Sub-Issues:
      • Unlicensed moneylending
      • Presumption of moneylending
  6. Estoppel by Convention
    • Outcome: The court found that Mr. Laszlo was estopped from claiming the Skantek debt due to estoppel by convention.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages
  2. Transfer of MyDoc Shares

9. Cause of Actions

  • Breach of Contract
  • Fraudulent Misrepresentation

10. Practice Areas

  • Commercial Litigation
  • Debt Recovery

11. Industries

  • Information Technology
  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Carlill v Carbolic Smoke Ball CompanyEnglish Court of AppealYes[1893] 1 QB 256England and WalesCited for the principle that an offeror can indicate that they do not require notice of acceptance other than performance of the condition.
New Zealand Shipping Co Ltd v A M Satterthwaite & Co LtdPrivy CouncilYes[1975] AC 154United KingdomCited with approval of Bowen LJ's passage in Carlill v Carbolic Smoke Ball Company, regarding an offer that ripens into a contract upon performance.
Singapore Telecommunications Ltd v Starhub Cable Vision LtdCourt of AppealYes[2006] 2 SLR(R) 195SingaporeCited for the minimum requirements of estoppel by convention.
SM Integrated Transware Pte Ltd v Schenker Singapore (Pte) LtdHigh CourtYes[2005] 2 SLR(R) 651SingaporeCited for the principle that labelling one's email address with one's name was considered sufficient for the purpose of s 6(d) of the Civil Law Act.
Joseph Mathew and another v Singh Chiranjeev and anotherCourt of AppealYes[2010] 1 SLR 338SingaporeCited for approval of Prakash J's views in SM Integrated Transware Pte Ltd v Schenker Singapore (Pte) Ltd.
Sutherland, Hugh David Brodie v Official Assignee and anotherHigh CourtYes[2021] 4 SLR 752SingaporeCited for the principle that an assignment of a present chose in action does not require consideration.
Chan Siew Lee Jannie v Australia and New Zealand Banking Group LtdHigh CourtYes[2016] 3 SLR 239SingaporeCited for the principle that the liability of a guarantor must be co-extensive with that of the principal debtor.
Moschi v Lep Air Services LtdUnknownYes[1972] 2 WLR 1175UnknownCited for Lord Diplock’s dictum that the debtor’s liability to the creditor is also the measure of the guarantor’s.
Sheagar s/o T M Veloo v Belfield International (Hong Kong) LtdCourt of AppealYes[2014] 3 SLR 524SingaporeCited for the statutory framework of the Moneylenders Act.
Donald McArthy Trading Pte Ltd and others v Pankaj s/o Dhirajlal (trading as TopBottom Impex)Court of AppealYes[2007] 2 SLR(R) 321SingaporeCited for the principle that the provisions of the Moneylenders Act are not intended to apply to transactions made at arm’s length between commercial entities.
E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd and another (Orion Oil Ltd and another, interveners)High CourtYes[2011] 2 SLR 232SingaporeCited for the principle that it has never been the objective of the Moneylenders Act to prohibit or impede legitimate commercial dealings.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43, 1999 Rev Ed)Singapore
Electronic Transactions Act (Cap 88, 2011 Rev Ed)Singapore
Moneylenders Act (Cap 188, 2010 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Skantek debt
  • Clarity debt
  • Logan Trust Deed
  • MyDoc shares
  • Compromise agreement
  • Guarantee
  • Moneylenders Act
  • Estoppel by convention
  • Assignment
  • ICE Group
  • Central Chambers Letter
  • Central Chambers Attendance Note

15.2 Keywords

  • contract
  • debt
  • assignment
  • compromise
  • moneylending
  • estoppel
  • guarantee
  • shares
  • Singapore
  • High Court

17. Areas of Law

16. Subjects

  • Contract Law
  • Debt
  • Moneylending
  • Assignment
  • Estoppel