GOH KING KWEE & Anor v LIU SHU MING & 2 Ors

[2025] SGDC 37 District Court 6 February 2025 • DC/OC 64/2022|HC/DCA 8/2025 • 101 min read

21 cases cited (19 SG, 2 foreign)

Catchwords

Contract — Breach Remedies — Recission Remedies — Specific Performance Contract — Formation — Oral contracts Contract — Misrepresentation — Misrepresentation Act (Cap 390) Restitution — Unjust enrichment — Total failure of consideration Contract — Misrepresentation — Negligent — Duty to adequately plead elements of negligent misrepresentation Contract — Misrepresentation — Fraudulent — Whether Statements of future intentions can amount to representations of fact

Practice Areas

Contract Remedies Restitution

Judges (1)

Georgina Lum Delivered

Counsel (2)

Drew & Napier LLC Firm Victor David Lau Counsel Plaintiff

Parties (4)

Goh King Kwee Plaintiff Hon Chin Lan Plaintiff Liu Shu Ming Defendant Tong Xin Defendant

Case Significance

[2025] SGDC 37 is a District Court decision dated 6 February 2025 concerning Contract, Remedies, and Restitution, specifically addressing breach, recission, and specific performance. The judgment was delivered by Georgina Lum. The case was brought by Goh King Kwee and others (plaintiff) against Liu Shu Ming and others (defendant). Legal representation was provided by Drew & Napier LLC. The judgment cites 21 cases (19 Singapore, 2 foreign) and references 1 statutory provision, namely the Misrepresentation Act.

Summary

A retired couple sued another couple for $222,852, alleging they were induced by fraudulent misrepresentations to invest in property development projects in the Philippines that were never carried out, with monies transferred through the defendants' company Max Property which was later struck off. The defendants counterclaimed for various sums allegedly owed by the claimants. The District Court found the defendants liable for fraudulent misrepresentation and awarded the claimants $222,852, alternatively on the basis of unjust enrichment for total failure of consideration.

What was decided in [2025] SGDC 37?

[2025] SGDC 37 (GOH KING KWEE & Anor v LIU SHU MING & 2 Ors) is a District Court decision from 6 February 2025 addressing Contract, Remedies, and Restitution, specifically breach, recission, and specific performance. The judgment was delivered by Georgina Lum.

Who were the parties in GOH KING KWEE & Anor v LIU SHU MING & 2 Ors?

The plaintiff in [2025] SGDC 37 was Goh King Kwee, Hon Chin Lan, and the defendant was Liu Shu Ming, Tong Xin. Legal representation included Drew & Napier LLC. The case was decided on 6 February 2025 in the District Court.

Which judge decided [2025] SGDC 37?

[2025] SGDC 37 was delivered by Georgina Lum in the District Court on 6 February 2025. The case concerned Contract, Remedies, and Restitution.

What cases and statutes does [2025] SGDC 37 cite?

[2025] SGDC 37 cites 21 prior decisions, including 2 from foreign jurisdictions. It references Misrepresentation Act.

Statutes Cited

Misrepresentation Act

s 2 s 2(1) s 2(2)

Cases Cited (21)

SG (5)

[2015] SGHC 78 [2016] SGHC 147 [2017] SGHC 8 [2018] SGHC 123 [2020] SGHC 27

SLR (14)

[2001] 2 SLR(R) 435 [2008] 2 SLR(R) 909 [2009] 2 SLR(R) 532 [2011] 3 SLR 540 [2013] 3 SLR 801 [2013] 4 SLR 886 [2015] 1 SLR 997 [2018] 1 SLR 239 [2018] 2 SLR 110 [2018] 3 SLR 1236 [2018] 5 SLR 1208 [2021] 5 SLR 188 [2023] 3 SLR 652 [2024] 3 SLR 759

UK (2)

[1997] AC 254 [2010] EWHC 358

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGDC 37)