Hsu Hsueh Hui v Foong Yook Kooi: Tenancy Termination & Tort of Conversion

In Hsu Hsueh Hui (alias Jenny Hsu) v Foong Yook Kooi and others, the General Division of the High Court of Singapore heard a case where the plaintiff, Hsu Hsueh Hui, sued the defendants, Foong Yook Kooi, Foong Khang Hoong, Lim Eng Yok, and Foong Chiew Chieh, for wrongful termination of a tenancy agreement and wrongful detention of her belongings. The court, presided over by Justice Kwek Mean Luck, dismissed the plaintiff's claims for wrongful termination, wrongful eviction, and wrongful detention of belongings, finding that the plaintiff had willingly surrendered the property. However, the court ordered the return of the plaintiff's security deposit. The judgment was delivered on 13 May 2022.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Plaintiff's claims dismissed, except for the return of the security deposit.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

A former tenant, Hsu Hsueh Hui, sued her landlord, Foong Yook Kooi, for wrongful termination of her tenancy and wrongful detention of her belongings. The court dismissed most claims, except for the return of the security deposit.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hsu Hsueh Hui (alias Jenny Hsu)PlaintiffIndividualClaims dismissed, except for the return of the security depositPartial
A Rajandran of A Rajandran
Foong Yook KooiDefendantIndividualJudgment in favor of defendantWon
Foong Khang HoongDefendantIndividualJudgment in favor of defendantWon
Lim Eng YokDefendantIndividualJudgment in favor of defendantWon
Foong Chiew ChiehDefendantIndividualJudgment in favor of defendantWon

3. Judges

Judge NameTitleDelivered Judgment
Kwek Mean LuckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
A RajandranA Rajandran
Quek Mong HuaLee & Lee
Chua Yi YingLee & Lee

4. Facts

  1. The plaintiff was a tenant of a studio unit under a 12-month tenancy agreement.
  2. The plaintiff sent a message indicating she would move out at the end of the tenancy and wanted to use her security deposit to offset the last two months' rent.
  3. The landlord issued three notices stating that using the security deposit for rent was a breach of the tenancy agreement.
  4. The plaintiff stopped the GIRO payment for rent.
  5. The plaintiff surrendered her keys and access cards to the security guard, who then passed them to the fourth defendant.
  6. The defendants found the studio unit vacant the next day.
  7. The plaintiff transferred $4,600 to the defendants' account.

5. Formal Citations

  1. Hsu Hsueh Hui (alias Jenny Hsu) v Foong Yook Kooi and others, Suit No 943 of 2019, [2022] SGHC 108

6. Timeline

DateEvent
Tenancy agreement commenced
Plaintiff indicated intention to move out
First notice issued to plaintiff
Second notice issued to plaintiff
GIRO payment did not go through
Third notice issued to plaintiff
Plaintiff surrendered keys and access cards
Plaintiff transferred $4,600 to defendants' account
Defendants repossessed the Studio Unit
Plaintiff admitted to Mount Elizabeth hospital
Plaintiff discharged from Mount Elizabeth hospital
Plaintiff made police report
Trial began
Trial continued
Trial continued
Trial continued
Trial continued
Trial continued
Judgment reserved
Judgment issued

7. Legal Issues

  1. Wrongful Termination of Tenancy Agreement
    • Outcome: The court held that the tenancy agreement was not wrongfully terminated by the defendants, but was terminated by the plaintiff when she surrendered her keys.
    • Category: Substantive
    • Sub-Issues:
      • Repudiatory breach of contract
      • Surrender of possession
    • Related Cases:
      • [1998] 1 SLR(R) 880
  2. Wrongful Detention of Belongings
    • Outcome: The court rejected the plaintiff's claim that her belongings were wrongfully detained by the defendants.
    • Category: Substantive
    • Sub-Issues:
      • Conversion
      • Detinue
      • Trespass to belongings

8. Remedies Sought

  1. Damages for wrongful termination of the tenancy agreement
  2. Damages for wrongful eviction
  3. Return of security deposit
  4. Damages for wrongful detention of belongings
  5. Damages for breach of the tenancy agreement
  6. Delivery up of belongings

9. Cause of Actions

  • Breach of Contract
  • Conversion
  • Detinue
  • Trespass to belongings

10. Practice Areas

  • Property Law
  • Commercial Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Soo Leng David v Lim Thian Chai Charles and anotherHigh CourtYes[1998] 1 SLR(R) 880SingaporeCited for the principle that accepting keys and repossessing property does not prejudice the right to seek damages for a repudiatory breach of contract.
The “Posidon” and another matterHigh CourtYes[2018] 3 SLR 372SingaporeCited for the principle that a party seeking to draw an adverse inference must have a case to answer on the issue sought to be strengthened by the drawing of the inference.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Tenancy Agreement
  • Security Deposit
  • Wrongful Termination
  • Wrongful Eviction
  • Conversion
  • Repudiatory Breach
  • Surrender of Possession

15.2 Keywords

  • tenancy
  • lease
  • wrongful termination
  • eviction
  • security deposit
  • conversion
  • detinue
  • trespass
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Landlord and Tenant Law90
Termination of Leases80
Conversion70
Torts60
Breach of Contract60
Contract Law50
Damages50
Civil Procedure40
Evidence40
Judgments and Orders30

16. Subjects

  • Landlord and Tenant
  • Property Law
  • Contract Law
  • Torts