Wang Xiaopu v Goh Seng Heng: Contempt of Court for Failure to Account for Sales Proceeds
In Wang Xiaopu v Goh Seng Heng, the High Court of Singapore found Dr. Goh Seng Heng in contempt of court for failing to comply with a Tracing Order to account for S$30.7 million in sales proceeds. The court, presided over by Lee Seiu Kin J, sentenced Dr. Goh to a seven-day term of imprisonment for lying in affidavits and withholding information about the funds, which he claimed to have lost through gambling. The court found that Dr. Goh's actions obstructed the administration of justice and warranted punishment.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Dr Goh found to be in contempt of court and ordered to serve a seven-day term of imprisonment.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dr. Goh Seng Heng was found in contempt of court for failing to account for sales proceeds, leading to a seven-day imprisonment term.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wang Xiaopu | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Goh Seng Heng | Defendant | Individual | Contempt of Court | Lost | |
| Goh Ming Li Michelle | Defendant | Individual | Costs to be determined later | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge of the High Court | Yes |
4. Counsels
4. Facts
- Plaintiff sued Dr Goh for misrepresentation and breach of contract.
- Dr Goh was ordered to repay the Plaintiff S$30.7m.
- Dr Goh did not repay the sum ordered.
- A Tracing Order came into effect, requiring Dr Goh to account for the sales proceeds.
- Dr Goh stated in affidavits that he could not recall what happened to the Funds.
- Dr Goh later informed the OA’s office that the Funds had been used to pay off business obligations, debts and investment losses in China.
- Dr Goh clarified that the funds were lost due to gambling in Macau.
5. Formal Citations
- Wang Xiaopu v Goh Seng Heng and another, Suit No 686 of 2015 (Summons No 5041 of 2020), [2021] SGHC 282
- Wang Xiaopu v Goh Seng Heng and another, , [2019] SGHC 284
6. Timeline
| Date | Event |
|---|---|
| Plaintiff paid RMB ¥39,428,736 into Dr Goh's HSBC-GZ Account. | |
| Plaintiff paid ¥46,720,151.01 into Dr Goh's HSBC-GZ account. | |
| Judgment in favour of the Plaintiff ordering Dr Goh to repay S$30.7m. | |
| Tracing Order came into effect. | |
| Dr Goh filed a debtor’s bankruptcy application. | |
| Plaintiff filed SUM 1453 to pursue the Tracing Order. | |
| Dr Goh was declared a bankrupt. | |
| Plaintiff became aware of Dr Goh's bankruptcy. | |
| Plaintiff obtained leave to proceed against Dr Goh in SUM 1453. | |
| ORC 3129 was granted. | |
| ORC 3129 was served on Dr Goh. | |
| Dr Goh affirmed the July 2020 Affidavit. | |
| Plaintiff's counsel learnt Dr Goh informed the OA he lost the Funds due to 'bad investments' in China. | |
| Plaintiff's counsel wrote to Dr Goh to clarify what happened to the Funds. | |
| Dr Goh affirmed the August 2020 Affidavit. | |
| Plaintiff's counsel sent another letter to Dr Goh demanding information. | |
| Dr Goh responded that the Funds had been 'expended to Chinese businessmen'. | |
| Plaintiff's counsel sent a further letter to Dr Goh. | |
| Dr Goh responded that he was not able to remember, nor did he have any relevant documents. | |
| Plaintiff filed an application to commence contempt proceedings against Dr Goh. | |
| Plaintiff was granted leave to commence contempt proceedings. | |
| Bankruptcy examination proceedings commenced. | |
| Bankruptcy examination proceedings continued. | |
| Dr Goh affirmed the August 2021 Affidavit. | |
| Contempt proceedings took place. | |
| Court found Dr Goh to be in contempt of court. | |
| Dr Goh filed an appeal against the Order. | |
| Dr Goh was granted a stay of execution. | |
| Grounds of Decision given. |
7. Legal Issues
- Contempt of Court
- Outcome: The court found Dr Goh in contempt of court for intentionally withholding information and lying in his affidavits.
- Category: Substantive
- Sub-Issues:
- Intentional withholding of information
- Lying in affidavits
8. Remedies Sought
- Order of committal
- Imprisonment
9. Cause of Actions
- Contempt of Court
10. Practice Areas
- Civil Litigation
- Enforcement Proceedings
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wang Xiaopu v Goh Seng Heng and another | High Court | Yes | [2019] SGHC 284 | Singapore | Underlying case where the Plaintiff sued Dr Goh for misrepresentation and breach of contract concerning the sale of certain shares. |
| Pertamina Energy Trading Ltd v Karaha Bodas Co LLC and others | Court of Appeal | Yes | [2007] 2 SLR(R) 518 | Singapore | Cited for the principle that it is only necessary to prove that the relevant conduct of the party alleged to be in breach of the court order was intentional and that it knew of all the facts which made such conduct a breach of the order. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Tracing Order
- Sales Proceeds
- HSBC-GZ Account
- Contempt of court
- Affidavit
- Bankruptcy
- Gambling losses
15.2 Keywords
- Contempt
- Tracing Order
- Bankruptcy
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contempt of Court | 95 |
| Evidence | 60 |
| Civil Litigation | 50 |
| Fraud and Deceit | 30 |
| Contract Law | 30 |
| Bankruptcy | 20 |
16. Subjects
- Contempt of Court
- Civil Litigation
- Bankruptcy