Lam Yee Shen v DBS Bank Ltd: Appeal Dismissed in Mortgage Enforcement Case
Lam Yee Shen and Teo Sai Choo Regina appealed against the decision of the High Court of Singapore, which upheld the Assistant Registrar's order to enforce DBS Bank Ltd's security under a mortgage. The appellants had defaulted on loan payments. The Appellate Division of the High Court, comprising Quentin Loh JAD, See Kee Oon J, and Chua Lee Ming J, dismissed the appeal, finding no merit in the appellants' arguments and upholding the bank's right to enforce the mortgage.
1. Case Overview
1.1 Court
Appellate Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal dismissed in a mortgage enforcement case. The court found no merit in the appellants' challenge to the bank's enforcement of security.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lam Yee Shen | Appellant, Defendant | Individual | Appeal dismissed | Lost | Dhanwant Singh, C Selvaraj |
| Teo Sai Choo Regina | Appellant, Defendant | Individual | Appeal dismissed | Lost | Dhanwant Singh, C Selvaraj |
| DBS Bank Ltd | Respondent, Plaintiff | Corporation | Appeal Allowed | Won | Koh Yeong Hung Sasha |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Judge of the Appellate Division | Yes |
| See Kee Oon | Judge of the High Court | No |
| Chua Lee Ming | Judge of the High Court | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Dhanwant Singh | S K Kumar Law Practice LLP |
| C Selvaraj | S K Kumar Law Practice LLP |
| Koh Yeong Hung Sasha | Adsan Law LLC |
4. Facts
- Appellants took out a housing loan on 1 April 1999 and a term loan on 26 July 2012 from DBS Bank.
- Both loans were secured by a mortgage over the property at 20, Jalan Raja Udang, #08-03, Global Ville Singapore 329192.
- The mortgage was registered on 1 April 2004.
- Appellants defaulted on their monthly instalment payments between 1 December 2019 and 1 November 2020.
- On 3 November 2020, the appellants were in arrears in the sum of $26,049.72.
- Two letters dated 27 August 2020 were sent to the appellants informing that the loans had been recalled.
- Three letters dated 27 August 2020 were sent to the appellants giving one months’ notice of the bank’s intention to exercise the power of entry into possession.
5. Formal Citations
- Lam Yee Shen and another v DBS Bank Ltd, Civil Appeal No 42 of 2021, [2021] SGHC(A) 20
6. Timeline
| Date | Event |
|---|---|
| Housing loan taken out | |
| Instrument of Mortgage dated | |
| Mortgage registered | |
| Term loan taken out | |
| Appellants defaulted on monthly instalment payments | |
| Loans recalled and statutory powers to be exercised | |
| Appellants defaulted on monthly instalment payments | |
| Appellants in arrears of $26,049.72 | |
| Email from the Singapore Land Authority | |
| Police report filed | |
| Judgment delivered |
7. Legal Issues
- Enforcement of Mortgage
- Outcome: The court upheld the bank's right to enforce the mortgage.
- Category: Substantive
- Forgery
- Outcome: The court found the allegation of forgery to be unsubstantiated.
- Category: Substantive
- Undue Influence
- Outcome: The court found no evidence of undue influence.
- Category: Substantive
- Related Cases:
- [2008] 1 SLR(R) 149
8. Remedies Sought
- Order for Possession
- Enforcement of Security
9. Cause of Actions
- Breach of Mortgage Agreement
10. Practice Areas
- Mortgage Enforcement
- Civil Appeals
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Malayan Banking Berhad v Sivakolunthu Thirunavukarasu and others | High Court | Yes | [2008] 1 SLR(R) 149 | Singapore | Distinguished regarding the presumption of undue influence when the same lawyers act for both purchaser and vendor. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 332, R 5, 2014 Rev Ed) O 83 |
| Rules of Court (Cap 332, R 5, 2014 Rev Ed) O 83 r 3 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
| Land Titles Act (Cap 157, 2004 Rev Ed) s 75(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mortgage
- Default
- Enforcement
- Forgery
- Undue Influence
- Arrears
- Instalment Payments
15.2 Keywords
- Mortgage Enforcement
- Loan Default
- Singapore Law
- Civil Appeal
- DBS Bank
16. Subjects
- Mortgage Law
- Civil Procedure
17. Areas of Law
- Civil Procedure
- Credit And Security
- Mortgage of Real Property