GOH CHIN CHENG v CHOCO UP SG PTE LTD

Case Significance

Goh Chin Cheng v Choco Up SG Pte Ltd [2026] SGHCR 13, decided on 4 May 2026 by AR Wee Yen Jean of the High Court General Division, arose from Goh Chin Cheng's application to set aside a statutory demand issued by Choco Up SG Pte Ltd in Originating Application (Bankruptcy) No 125 of 2025. The case raised several issues of significance: whether the court should look behind the parties' settlement agreement to find the underlying agreements tainted by illegality on grounds that Choco Up had engaged in unlawful moneylending and imposed unenforceable penalty interest and fees; and whether the statutory demand (served just over four months before the application) had been served within the time limits for filing a bankruptcy application under the Insolvency, Restructuring and Dissolution Act. The decision is also notable for AR Wee's treatment of counsel's miscitation of two authorities in Mr Goh's written submissions — counsel had attributed propositions to those cases that were the opposite of what had been decided — leading to consideration of a personal costs order. Goh was represented by Natverlal Deepak of Crown Juris Law LLC; Choco Up was represented by Tony Tan and Eileen Lee of Havelock Law Corporation.