Li Jialin & Anor v WINGCROWN INVESTMENT PTE. LTD.

[2023] SGHC 256 High Court (General Division) 12 September 2023 HC/OA 423/2023

12 cases cited (11 SG, 1 foreign) Cited by 3 cases

Key facts

Court	High Court (General Division)
Decided	12 September 2023
Judge	Kwek Mean Luck
Charges / claim	Contract, Civil Procedure
Counsel	Allen & Gledhill LLP, Covenant Chambers LLC, Benaiah Lim Oon Kuan, Sara Ng Qian Hui, Tay Yong Seng, Toh Jia Jing Vivian

Source: [2023] SGHC 256, High Court (General Division), decided 12 September 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Contract — Remedies — Deposits Contract — Remedies — Liquidated damages — Penalties Civil Procedure — Damages — Interest — Pre-judgment interest

Practice Areas

Contract Civil Procedure

Judges (1)

Kwek Mean Luck Delivered

Counsel (6)

Allen & Gledhill LLP Firm Covenant Chambers LLC Firm Benaiah Lim Oon Kuan Counsel for the applicant

Sara Ng Qian Hui Counsel for the applicant

Tay Yong Seng Counsel for the respondent Toh Jia Jing Vivian Counsel for the respondent

Parties (3)

Wingcrown Investment Pte Ltd Respondent Li Jialin Applicant Li Suinan Applicant

Case Significance

Li Jialin and another v Wingcrown Investment Pte Ltd [2023] SGHC 256 is a Grounds of Decision of the General Division of the High Court, delivered by Kwek Mean Luck J on 12 September 2023 in Originating Application No 423 of 2023. The applicants, Ms Li Jialin and Mr Li Suinan, principally sought the return of $1,195,354.42 with interest at 5.33% per annum, being sums paid to the respondent Wingcrown Investment Pte Ltd under two abortive attempts to purchase a residential property that were terminated due to the applicants' repeated defaults. Kwek Mean Luck J held that the respondent was entitled to forfeit $380,000 as a true deposit and to retain the remaining $326,243.07 pending determination of its equitable set-off claim at an assessment of damages hearing, the respondent having already returned $488,957.04 before proceedings.

Summary

Li Jialin and Li Suinan sought the return of $1,195,354.42 they had paid to developer Wingcrown Investment Pte Ltd after two aborted attempts to purchase a residential property that were terminated due to the applicants' repeated defaults. The court held the respondent was entitled to forfeit $380,000 as a true deposit and to retain the balance of $326,243.07 pending an assessment of damages on its equitable set-off claim, with interest and costs reserved to the Assistant Registrar. The applicants appealed against the decision.

What was Li Jialin v Wingcrown Investment Pte Ltd [2023] SGHC 256 about?

It was a High Court decision of Kwek Mean Luck J on 12 September 2023 in which buyers Li Jialin and Li Suinan sought the return of $1,195,354.42 paid to Wingcrown Investment Pte Ltd under two aborted property purchases terminated by their repeated defaults.

How much could Wingcrown retain in [2023] SGHC 256?

Kwek Mean Luck J held the respondent could forfeit $380,000 as a true deposit and retain the remaining $326,243.07 pending an equitable set-off assessment, having already returned $488,957.04 of the $1,195,354.42 paid.