Tan Hup Yuan Patrick v The Griffin Coal Mining: Setting Aside Statutory Demand Based on Consent Judgment

Patrick Tan Hup Yuan appealed to the High Court of Singapore against the Assistant Registrar's decision to dismiss his application to set aside a statutory demand issued by The Griffin Coal Mining Co Pty Ltd. The statutory demand was related to a consent judgment previously entered in the Singapore Suit. Woo Bih Li J dismissed the appeal, holding that the Plaintiff was precluded from challenging the validity of the debt underlying the consent judgment based on arguments of locus standi and a cross-claim, due to principles of res judicata and abuse of process. The court also found that any prior agreement was superseded by the settlement agreement.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Bankruptcy

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against dismissal of application to set aside statutory demand. The court held that the Plaintiff was precluded from challenging the consent judgment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Hup Yuan PatrickAppellantIndividualAppeal DismissedLost
The Griffin Coal Mining Co Pty Ltd (administrators appointed)RespondentCorporationAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJYes

4. Counsels

Counsel NameOrganization
Dominic ChanCharacterist LLC
Chan Leng SunWong & Leow LLC
Sheik UmarWong & Leow LLC

4. Facts

  1. The Plaintiff guaranteed the obligations of Montreal Capital Group Limited under an agreement with the Defendants.
  2. The Defendants commenced Suit No 749 of 2010 against the Plaintiff for breach of a deed of guarantee.
  3. A consent judgment was entered against the Plaintiff in the Singapore Suit on 20 November 2012.
  4. The Plaintiff applied to set aside the statutory demand based on the consent judgment.
  5. The Plaintiff argued that the Defendants had assigned their interests under the guarantee to another party.
  6. The Plaintiff claimed a cross-claim against the Defendants arising from an alleged breach of the Sydney Agreement.
  7. The Settlement Agreement contained an entire agreement clause.

5. Formal Citations

  1. Tan Hup Yuan Patrick v The Griffin Coal Mining Co Pty Ltd (administrators appointed) and others, , [2014] SGHC 156

6. Timeline

DateEvent
Deed of guarantee signed
Singapore Suit No 749 of 2010 commenced
Deed of Assignment and Appointment of Attorney signed
Meeting held in Sydney
Settlement Agreement signed
Consent Judgment made in the Singapore Suit
Statutory Demand issued by the Defendants against the Plaintiff
Originating Summons (Bankruptcy) No 13/2013 filed
Appeal dismissed

7. Legal Issues

  1. Setting Aside Statutory Demand
    • Outcome: The court held that the Plaintiff was precluded from challenging the validity of the debt underlying the consent judgment.
    • Category: Procedural
  2. Cause of Action Estoppel
    • Outcome: The court held that the Plaintiff was prevented from making the locus standi argument by the principle of cause of action estoppel.
    • Category: Substantive
  3. Abuse of Process
    • Outcome: The court held that the Plaintiff was precluded by the defence of abuse of process from raising the locus standi argument.
    • Category: Substantive

8. Remedies Sought

  1. Setting Aside Statutory Demand
  2. Stay of Bankruptcy Proceedings
  3. Costs

9. Cause of Actions

  • Breach of Guarantee

10. Practice Areas

  • Commercial Litigation
  • Bankruptcy Litigation

11. Industries

  • Mining

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mohd Zain bin Abdullah v Chimbusco International Petroleum (Singapore) Pte Ltd and another appealN/AYes[2014] 2 SLR 446SingaporeCited for the principle that the court will normally set aside a statutory demand where there is a genuine triable issue, but it is not obliged to do so.
Thoday v ThodayN/AYes[1964] 2 WLR 371N/ACited for the explanation of cause of action estoppel.
Poh Huat Heng Corp Pte Ltd and others v Hafizul Islam Kofil UddinN/AYes[2012] 3 SLR 1003SingaporeCited for the principle that a consent order was as efficacious as orders pronounced after a contest in creating cause of action estoppel.
Lee Hiok Tng (in her personal capacity) v Lee Hiok Tng and another (executors and trustees of the estate of Lee Wee Nam, deceased) and othersN/AYes[2001] 1 SLR(R) 771SingaporeCited for the acceptance of the defence of abuse of process as the extended doctrine of res judicata.
Henderson v HendersonN/AYes[1843–1860] All ER Rep 378N/ACited for the traditional formulation of the defence of abuse of process.
Johnson v Gore Wood & Co (a Firm)N/AYes[2002] 2 AC 1N/ACited for the modern restatement of the defence of abuse of process.
Kwa Ban Cheong v Kuah Boon Sek and othersN/AYes[2003] 3 SLR(R) 644SingaporeCited as a case that followed the modern restatement of the defence in Johnson v Gore Wood & Co.
Lai Swee Lin Linda v Attorney-GeneralN/AYes[2006] 2 SLR(R) 565SingaporeCited as a case that followed the modern restatement of the defence in Johnson v Gore Wood & Co.
Goh Nellie v Goh Lian Teck and othersN/AYes[2007] 1 SLR(R) 453SingaporeCited for the guidance provided on determining whether there is an abuse of process.
BNP Paribas (formerly known as Banque National De Paris) v Polynesia Timber Services Pte Ltd and anotherN/AYes[2002] 1 SLR(R) 539SingaporeCited for the principle that practice directions do not have the force of law.
Odex Pte Ltd v Pacific Internet LtdN/AYes[2008] 3 SLR(R) 18SingaporeCited for the principle that practice directions do not have the force of law.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Bankruptcy RulesSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Statutory Demand
  • Consent Judgment
  • Settlement Agreement
  • Deed of Guarantee
  • Locus Standi
  • Cross-Claim
  • Cause of Action Estoppel
  • Abuse of Process
  • Entire Agreement Clause

15.2 Keywords

  • bankruptcy
  • statutory demand
  • consent judgment
  • Singapore
  • appeal
  • Griffin Coal Mining
  • Tan Hup Yuan Patrick

17. Areas of Law

Area NameRelevance Score
Bankruptcy70
Statutory Demand60
Contract Law60
Cause of action estoppel50
Estoppel50
Civil Procedure40
Abuse of Process40
Summary Judgement30
Entire Agreement Clause30

16. Subjects

  • Bankruptcy
  • Civil Litigation
  • Debt Recovery