Xingang Investment Pte Ltd v Lai Jianling: Application for Mandatory Injunction
Xingang Investment Pte Ltd and Wang Joo Shi applied for a mandatory injunction against Lai Jianling in the High Court of Singapore. The application sought to compel Lai Jianling to allow the claimants to exercise their power of attorney to sell her property due to a loan default by Zhongsen Trading Pte Ltd, for which Lai Jianling was a guarantor. Justice Choo Han Teck dismissed the application, stating that the claimants should first obtain a judgment on the default of the loan agreement before seeking such an onerous remedy.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application dismissed; claimants granted liberty to apply when they have judgment debt to execute.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for a mandatory injunction to allow the claimant to exercise power of attorney to sell property. Application dismissed; claimants to reapply with judgment debt.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Xingang Investment Pte Ltd | Claimant | Corporation | Application Dismissed | Dismissed | |
| Wang Joo Shi | Claimant | Individual | Application Dismissed | Dismissed | |
| Lai Jianling | Defendant | Individual | Application Dismissed | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Cephas Yee Xiang | Aquinas Law Alliance LLP |
| Darren Chia Wei Hong | Aquinas Law Alliance LLP |
4. Facts
- The 1st claimant, Xingang Investment Pte Ltd, is an excluded moneylender.
- The 2nd claimant, Wang Joo Shi, is the director of the 1st claimant.
- The 1st claimant entered into a loan agreement with Zhongsen Trading Pte Ltd for $800,000.00.
- The defendant, Lai Jianling, and her husband guaranteed the loan repayment.
- Lai Jianling granted a Power of Attorney to the 2nd claimant to sell her property in case of default.
- Zhongsen Trading Pte Ltd failed to repay the loan by the agreed date.
- The defendant denied access to the property for valuation purposes.
5. Formal Citations
- Xingang Investment Pte Ltd and another v Lai Jianling, Originating Application No 27 of 2024, [2024] SGHC 93
6. Timeline
| Date | Event |
|---|---|
| Loan agreement signed between Xingang Investment Pte Ltd and Zhongsen Trading Pte Ltd. | |
| Zhongsen Trading Pte Ltd failed to repay the loan. | |
| Xingang Investment Pte Ltd's solicitors informed Lai Jianling of intent to exercise rights under the Power of Attorney. | |
| Deadline for Lai Jianling to vacate the property and hand over keys. | |
| First attempt by Xingang Investment Pte Ltd's representatives to conduct a site visit; access denied. | |
| Second attempt to conduct a site visit; access denied. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Mandatory Injunction
- Outcome: The court dismissed the application for a mandatory injunction, holding that the claimants should first obtain a judgment on the default of the loan agreement before seeking such a remedy.
- Category: Substantive
- Related Cases:
- [2019] SGHC 184
8. Remedies Sought
- Mandatory Injunction
- Restraining Order
- Costs
- Interests
9. Cause of Actions
- Breach of Contract
- Enforcement of Power of Attorney
10. Practice Areas
- Commercial Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Zheng Hongfan v Singaravelu Murugan | High Court | Yes | [2019] SGHC 184 | Singapore | Distinguished from the present case because the defendant in Zheng Hongfan did not dispute the debt or default, and was present at the hearing, whereas the defendant in the present case was absent and unrepresented. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 (2020 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Moneylenders Act 2008 (2020 Rev Ed) | Singapore |
| Conveyancing and Law of Property Act 1886 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mandatory Injunction
- Power of Attorney
- Loan Agreement
- Deed of Guarantee
- Default
- Vacant Possession
15.2 Keywords
- Mandatory Injunction
- Power of Attorney
- Loan Default
- Property
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Power of Attorney | 80 |
| Injunctions | 75 |
| Debt Recovery | 60 |
| Remedies | 40 |
| Mortgage | 30 |
16. Subjects
- Civil Procedure
- Injunctions
- Contract Law
- Property Law