Tee Kim Leng & 6 Ors v Hong Kah Ing

[2024] SGHCR 13 High Court Registrar 18 November 2024 • HC/S 947/2021 ( HC/SUM 2175/2024,HC/SUM 2399/2024,HC/SUM 2176/2024 ) • 32 min read
8 cases cited

Key facts

Court High Court Registrar
Decided
Judge Gerome Goh Teng Jun
Charges / claim Civil Procedure
Counsel David Lim & Partners LLP, WongPartnership LLP, Chan Wai Yee Rachel, Chng Zi Zhao Joel, Felicia Soong Wanyi, G Kiran, Joshua Ang Zhao Neng, Koong Len Sheng, Qiu Ziyun Joanna

Source: [2024] SGHCR 13, High Court Registrar, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (9)

Parties (8)

Case Significance

Tee Kim Leng and others v Hong Kah Ing [2024] SGHCR 13 was decided in the General Division of the High Court on 13 November 2024 by Assistant Registrar Gerome Goh Teng Jun in Suit No 947 of 2021 (HC/S 947/2021), addressing Summons Nos 2175, 2176 and 2399 of 2024. The suit was brought by seven plaintiffs — Tee Kim Leng, Tee Chor Leong, Toh Yew Keat, Lee Kien Han, Tee Yee Koon, Phang Soon Mun and Alvin Lee Sze Chang — against the defendant Hong Kah Ing for breach of contract arising out of the defendant's failure to transfer 18,000,000 ordinary shares (the "Repayment Shares") in the issued and paid up share capital of Silkroad Nickel Ltd to the first to third plaintiffs in equal proportion. The three applications raised whether the foreign plaintiffs ought to furnish security for costs under O 23 r 1 of the Rules of Court 2014, whether summary judgment ought to be granted on the plaintiffs' claims, and whether the claims for breach of contract ought to be struck out as disclosing no reasonable cause of action or being frivolous, vexatious or an abuse of process.

Summary

In the General Division of the High Court, seven plaintiffs sued the defendant, Hong Kah Ing, for breach of contract arising from his alleged failure to transfer 18,000,000 ordinary shares in Silkroad Nickel Ltd to the first three plaintiffs. Three applications were before the court: the defendant's application for security for costs, the defendant's application to strike out the statement of claim and remove the fourth to seventh plaintiffs, and the plaintiffs' application for summary judgment. Assistant Registrar Gerome Goh Teng Jun dismissed all three applications, making no order as to costs for the striking-out and summary judgment applications and fixing costs of $2,800 for the security application to be paid by the defendant to the plaintiffs.

What was the dispute in Tee Kim Leng v Hong Kah Ing [2024] SGHCR 13?

The seven plaintiffs sued Hong Kah Ing for breach of contract over the defendant's failure to transfer 18,000,000 ordinary shares in Silkroad Nickel Ltd, the "Repayment Shares", to the first to third plaintiffs in equal proportion. The decision addressed security for costs, summary judgment and striking out.

What applications did the court consider in Tee Kim Leng v Hong Kah Ing ([2024] SGHCR 13)?

Assistant Registrar Gerome Goh Teng Jun considered three summonses: whether the foreign plaintiffs should furnish security for costs under O 23 r 1 of the Rules of Court 2014, whether summary judgment should be granted, and whether the breach of contract claims should be struck out.

Cases Cited (8)

SLR (8)
[1991] 1 SLR(R) 844 [1997] 3 SLR(R) 649 [1999] 1 SLR(R) 112 [2009] 2 SLR(R) 332 [2011] 4 SLR 580 [2012] 4 SLR 546 [2015] 2 SLR 325 [2023] 5 SLR 1484

Related cases

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Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHCR 13)