JOHNNY LIAN TIAN YONG v TAN SWEE WAN & Anor

[2023] SGHC 292 High Court (General Division) 13 October 2023 HC/DCA 3/2023

18 cases cited (17 SG, 1 foreign) Cited by 3 cases

Key facts

Court	High Court (General Division)
Decided	13 October 2023
Judge	Goh Yihan
Charges / claim	Equity, Contract, Credit and Security, Courts and Jurisdiction
Counsel	Drew & Napier LLC, Phoenix Law Corporation, Derek Wong Kim Siong, Faith Hwang Zi Xin, Suriya Prakash Uthayasurian, Tay Eu-Yen, Uthayasurian s/o Sidambaram, Wong Hin Pkin Wendell

Source: [2023] SGHC 292, High Court (General Division), decided 13 October 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Equity — Defences — Clean hands Contract — Formation — Oral agreement Credit and Security — Guarantees and indemnities Courts and Jurisdiction — Jurisdiction — Appellate

Practice Areas

Equity Contract Credit and Security Courts and Jurisdiction

Judges (1)

Goh Yihan Delivered

Counsel (8)

Drew & Napier LLC Firm Phoenix Law Corporation Firm Derek Wong Kim Siong Counsel for the appellant

Faith Hwang Zi Xin Counsel for the respondent

Suriya Prakash Uthayasurian Counsel for the appellant

Tay Eu-Yen Counsel for the respondent Uthayasurian s/o Sidambaram Counsel for the appellant Wong Hin Pkin Wendell Counsel for the respondent

Parties (3)

Johnny Lian Tian Yong Appellant

Kelvin Low Keng Siang Respondent

Tan Swee Wan Respondent

Case Significance

Lian Tian Yong Johnny v Tan Swee Wan and another [2023] SGHC 292 is a reserved judgment of Goh Yihan J in the General Division of the High Court, delivered on 13 October 2023 in District Court Appeal No 3 of 2023, on appeal from District Court Suit No 2084 of 2013. The appellant, Mr Johnny Lian Tian Yong, appealed against the whole of the District Judge's decision dismissing his claim against the respondents, Mr Tan Swee Wan and Mr Kelvin Low Keng Siang, and allowing their counterclaims; the parties were former business partners behind Tecbiz Frisman Pte Ltd and its "Solvesam" software. Goh Yihan J allowed the appeal in part and reversed the District Judge's decision to allow the respondents' counterclaims against the appellant.

Summary

Johnny Lian Tian Yong appealed against a District Judge's decision dismissing his claim against former business partners Tan Swee Wan and Kelvin Low Keng Siang and allowing their counterclaims, in a dispute arising from software ventures including the product Solvesam. The appeal concerned oral agreements, guarantees and indemnities. The High Court found that the alleged Kelvin Indemnity did not exist, allowed the appeal in part and reversed the District Judge's decision that the respondents succeeded on their counterclaims.

What was Lian Tian Yong Johnny v Tan Swee Wan [2023] SGHC 292 about?

It was a District Court Appeal before Goh Yihan J by Mr Johnny Lian against the dismissal of his claim and the allowing of counterclaims by former business partners Mr Tan Swee Wan and Mr Kelvin Low, decided on 13 October 2023.

How did the court decide the appeal in [2023] SGHC 292?

Goh Yihan J allowed Mr Johnny Lian's appeal in part and reversed the District Judge's decision to allow the respondents' counterclaims against him, in a dispute arising among former partners of Tecbiz Frisman Pte Ltd.

Statutes Cited

Companies Act (Cap 50) Cases on this Act →

s 216

Cases Cited (18)

SG (6)

[2011] SGHC 30 [2018] SGHC 169 [2020] SGHC 106 [2022] SGHC 192 [2023] SGDC 42 [2023] SGHC 218

SLR (11)

[2000] 1 SLR(R) 355 [2000] 2 SLR(R) 407 [2001] 1 SLR(R) 53 [2007] 1 SLR(R) 292 [2009] 4 SLR(R) 1101 [2011] 1 SLR 524 [2012] 1 SLR 32 [2013] 1 SLR 173 [2014] 3 SLR 562 [2015] 3 SLR 16 [2017] 2 SLR 1113

UK (1)

[1917] 2 Ch 71