Eileen Tay Shing Lee (Eileen Zheng Hanni) v Liang Ting Pang Jeffrey
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Case Significance
Tay Shing Lee Eileen v Liang Ting Pang Jeffrey [2024] SGHC 261 was a judgment of Goh Yihan J in the General Division of the High Court, delivered on 16 October 2024 in Originating Application No 566 of 2024, concerning a Settlement Agreement between the parties. The claimant, Eileen Tay Shing Lee (Eileen Zheng Hanni), applied for an order that the defendant, Liang Ting Pang Jeffrey, pay her the sum of $362,000.00, being all unpaid tranches of the "Repayment Sum" pursuant to cl 1.3.1 of the Settlement Agreement. The case raised questions of waiver by election, namely whether one party's receipt of payments communicated clearly and unequivocally an election to abandon the contractual remedy of accelerated liability for the whole sum in favour of staggered instalment payments, and of variation, namely whether such receipt of payments was sufficient to rebut the presumption created by a no oral modification clause in the absence of a signed written agreement.
Summary
In this General Division of the High Court matter, the claimant applied for an order that the defendant pay $362,000, representing all unpaid tranches of the Repayment Sum under a Settlement Agreement, together with indemnity costs, while the defendant, who appeared in person, did not file an affidavit despite extensions of time. The case raised issues of waiver by election and variation under a no oral modification clause, namely whether the claimant's receipt of instalment payments amounted to an election to abandon her remedy for the whole accelerated sum or varied the contract. The court allowed the claimant's application and granted the reliefs sought, holding that the claimant was entitled to indemnity costs for the proceedings pursuant to the Settlement Agreement, with the quantum of costs to be heard.
What did Tay Shing Lee Eileen v Liang Ting Pang Jeffrey [2024] SGHC 261 concern?
The claimant sought $362,000.00 from the defendant, being all unpaid tranches of the "Repayment Sum" under clause 1.3.1 of the parties' Settlement Agreement. Goh Yihan J considered issues of waiver by election and contractual variation, delivering judgment on 16 October 2024.
What contract law issues arose in this case?
The case addressed waiver by election, whether receiving instalment payments showed an unequivocal election to abandon accelerated liability for the whole sum, and variation, whether such receipt could rebut the presumption created by a no oral modification clause absent a signed written agreement.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 261)