Zhang Jinhua v Yip Zhao Lin

Case Significance

Zhang Jinhua v Yip Zhao Lin [2024] SGHC 180 was an appeal heard in the General Division of the High Court by Mohamed Faizal JC, with judgment reserved and delivered on 12 July 2024 following the hearing on 7 June 2024 (Originating Claim No 490 of 2023, Registrar's Appeal No 80 of 2024). The appeal was brought against the decision of the Assistant Registrar to set aside a default judgment that the appellant, Zhang Jinhua, had obtained against the respondent, Yip Zhao Lin, in HC/JUD 359/2023. The default judgment arose from a deed entered into by the respondent, ostensibly in his personal capacity, on 3 October 2019, in which he promised to fully repay a sum of RMB38.04m by the end of 2019, failing which the amount would be due at a rate of 15% interest, with the respondent liable for costs.

The judgment records that the appellant commenced HC/OC 490/2023 on 31 July 2023 seeking payment as agreed in the deed. While the main issue on appeal concerned whether the default judgment should be set aside on the ground that the respondent possessed a prima facie defence suggestive of triable issues, Mohamed Faizal JC observed that the matter also highlighted the importance of selecting methods of substituted service most likely to be effective in giving notice of proceedings to the other party. The catchwords identify the issues as Civil Procedure — Service and Civil Procedure — Judgments and orders. Mr Kang Kok Boon, Favian of Adelphi Law Chambers LLC acted for the appellant, while Mr Liew Yik Wee and Ms Mariel Benicia Luz Nonis of Rev Law LLC acted for the respondent.