Xingang Investment v Tengah Engineering: Summary Judgment & Striking Out Counterclaim
In Xingang Investment Pte Ltd v Tengah Engineering & Hardware Pte Ltd, the High Court of Singapore heard appeals against decisions granting summary judgment to Xingang Investment for repayment of loans and striking out Tengah Engineering's counterclaim. The court dismissed both appeals, affirming the original decisions. The primary legal issue was whether summary judgment should be granted for the loan repayment claim and whether the counterclaim should be struck out. The court found no bona fide defense against the loan claim and deemed the counterclaim unsustainable.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal dismissed; summary judgment granted to the plaintiff and counterclaim struck out.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court granted summary judgment to Xingang Investment against Tengah Engineering for loan repayment and struck out Tengah's counterclaim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Xingang Investment Pte Ltd | Plaintiff, Respondent | Corporation | Judgment for Plaintiff | Won | |
| Tengah Engineering & Hardware Pte Ltd | Defendant, Appellant | Corporation | Appeal Dismissed | Lost | |
| Ong Bok Cheng | Defendant, Appellant | Individual | Appeal Dismissed | Lost | |
| Ng Boon Chwee | Defendant, Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Tong Chuan | Excelsior Law Chambers LLC |
| Lim Tean | Carson Law Chambers |
4. Facts
- Xingang Investment provided loans to Tengah Engineering.
- Two supplementary loan agreements were concluded between the parties.
- Ong Bok Cheng and Ng Boon Chwee provided personal guarantees for the loans.
- Tengah Engineering failed to make full payments under the loan agreements.
- Xingang Investment applied for summary judgment.
- Tengah Engineering filed a counterclaim, alleging losses due to Xingang's actions.
- The first defendant is the owner of a property located at 37 Kallang Pudding Road #08-05 Tong Lee Building Blk B, Singapore 349315
5. Formal Citations
- Xingang Investment Pte Ltd v Tengah Engineering & Hardware Pte Ltd and others, Suit No 1048 of 2021 (Registrar’s Appeal Nos 187 and 282 of 2022), [2022] SGHC 284
6. Timeline
| Date | Event |
|---|---|
| Loan agreement signed | |
| First supplementary loan agreement concluded | |
| Second supplementary loan agreement concluded | |
| Plaintiff presented post-dated cheques | |
| Summary judgment granted in favour of the plaintiff | |
| Appeal against summary judgment dismissed | |
| Counterclaim struck out | |
| Appeal against striking out of counterclaim dismissed | |
| Grounds of decision issued |
7. Legal Issues
- Summary Judgment
- Outcome: Summary judgment granted to the plaintiff.
- Category: Procedural
- Related Cases:
- [2022] SGHC 190
- [2003] 3 SLR(R) 32
- [2014] 2 SLR 1342
- Breach of Contract
- Outcome: Defendants failed to repay the sums due under the loan agreements.
- Category: Substantive
- Striking Out
- Outcome: Counterclaim struck out.
- Category: Procedural
8. Remedies Sought
- Repayment of moneys pursuant to loan agreements
- Interest
- Late interest
- Late payment fees
9. Cause of Actions
- Breach of Contract
- Debt Recovery
10. Practice Areas
- Commercial Litigation
11. Industries
- Finance
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Panircelvan s/o Kaliannan and others v Ee Hoong Liang | High Court | Yes | [2022] SGHC 190 | Singapore | Cited for the legal principles concerning the grant of summary judgment under Order 14 of the Rules of Court. |
| Goh Chok Tong v Chee Soon Juan | Unknown | Yes | [2003] 3 SLR(R) 32 | Singapore | Cited for the defendant's burden of raising an issue or question in dispute which ought to be tried. |
| Ritzland Investment Pte Ltd v Grace Management & Consultancy Services Pte Ltd | Unknown | Yes | [2014] 2 SLR 1342 | Singapore | Cited for the court entering judgment against the defendant only if the plaintiff has satisfied the court that there is no reasonable probability that the defendant has a real or bona fide defence and there is no other reason why there ought to be a trial. |
| Kim Seng Orchid Pte Ltd v Lim Kah Hin (trading as Yik Zhuan Orchid Garden) | High Court | Yes | [2018] 3 SLR 34 | Singapore | Cited for the practical framework to guide the court’s determination on when summary judgment ought to be ordered where there is a subsisting counterclaim. |
13. Applicable Rules
| Rule Name |
|---|
| Order 14 Rule 1 of the Rules of Court |
| Order 18 Rule 19 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Moneylenders Act (Cap 188, 2010 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Bills of Exchange Act (Cap 23, 2004 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Loan Agreement
- Supplementary Loan Agreement
- Personal Guarantee
- Summary Judgment
- Counterclaim
- Late Payment Fee
- Late Interest
- Post-dated Cheques
15.2 Keywords
- loan
- summary judgment
- counterclaim
- singapore
- contract
- debt
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Summary Judgement | 80 |
| Civil Practice | 75 |
| Striking out | 70 |
| Loan Agreements | 65 |
| Contract Law | 60 |
| Breach of Contract | 50 |
| Evidence | 40 |
| Banking Law | 30 |
| Banking and Finance | 30 |
16. Subjects
- Civil Procedure
- Contract Law
- Banking Law