Mak Seng Fook v Lin Kao Chi: Summary Judgment Appeal for Factory Building Sale in China

Mak Seng Fook sued Lin Kao Chi and Nam Shing Mechanical Moulds Factory (Private) Limited in the High Court of Singapore, seeking a refund for monies paid under an oral agreement for the sale of a factory building in China. The High Court, with Lai Siu Chiu J presiding on 17 March 2000, dismissed the defendants' appeal against the Assistant Registrar's decision to grant summary judgment to Mak. The claim arose from an oral agreement for the sale and purchase of a factory building.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding summary judgment for monies owed under an oral agreement for a factory building sale in China. The court dismissed the appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Mak Seng FookPlaintiffIndividualJudgment for PlaintiffWon
Lin Kao ChiDefendant, AppellantIndividualAppeal DismissedLost
Nam Shing Mechanical Moulds Factory (Private) LimitedDefendant, AppellantCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Linus B PereiraL Pereira & Netto
Doris LeeHee Theng Fong & Co
Gary ChooHee Theng Fong & Co

4. Facts

  1. Mak, Tan, and Wee entered an oral agreement with Lin for a factory building purchase in China.
  2. The purchase price was RMB 19.2 million.
  3. The purchasers paid approximately 30% of the purchase price to Nam Shing.
  4. Mak was later repaid S$244,150.
  5. Mak claimed the oral agreement was subject to a written agreement that was never prepared.
  6. A second oral agreement was allegedly made to rescind the first and refund the monies.
  7. Lin claimed he acted as an agent for Xiamen Tonggi Development Co Ltd.

5. Formal Citations

  1. Mak Seng Fook v Lin Kao Chi and Another, Suit 1110/1999, Suit 691/1999, [2000] SGHC 42

6. Timeline

DateEvent
Parties entered into an oral agreement for the sale and purchase of a factory building in Tong An, People’s Republic of China.
Mak Seng Fook paid $172,800.
Tan Dib Jin paid $103,680.
Wee Hup Choon paid RMB 384,000.
Mak Seng Fook paid $40,000.
Mak Seng Fook paid $132,800.
Tan Dib Jin paid $103,680.
Mak Seng Fook paid $69,000.
Mak Seng Fook paid $164,863.
Mak Seng Fook paid $32,973.
Tan Dib Jin paid $98,918.
Purchasers became concerned as the first defendant still could not produce the written agreement for execution.
Wee Hup Choon paid S$ 12,972.
Mak and Tan confronted the first defendant and threatened to take legal action.
Wee informed Mak that the first defendant wished to terminate the oral agreement.
A second oral agreement was made between all parties.
Suit 1110/1999 and Suit 691/1999 were filed.
Appeal dismissed.

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court upheld the summary judgment, implying a finding of breach of contract.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages
  2. Refund of Monies Paid

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Construction
  • Manufacturing

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Order 14 r 3 of the Rules of the Court

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Oral Agreement
  • Summary Judgment
  • Factory Building
  • Purchase Price
  • Rescission
  • Agent
  • Written Agreement

15.2 Keywords

  • oral agreement
  • summary judgment
  • factory building
  • breach of contract
  • singapore
  • high court

17. Areas of Law

Area NameRelevance Score
Contract Law90
Breach of Contract80
Oral contract70
Summary Judgement60
Agency Law50

16. Subjects

  • Contract Dispute
  • Property Law