Ye Huishi Rachel v Ng Ke Ming Jerry [2021] SGHC 250
Luke Netto (assisted by Chiam Jia-An and Aylwyn Seto) successfully defended an individual who was sued S$1,225,000 in the High Court of Singapore. The Plaintiff sought to enforce an executed settlement agreement against the Defendant.
This matter involved investors in agar wood.
In defending, it was argued that the settlement agreement that the settlement agreement was a sham document procured by duress and/or undue influence.
At the conclusion of trial, the Honourable Justice Lai Siu Chiu agreed with the defendant and dismissed the Plaintiff’s claim. At paragraph [133] of the written grounds, it was stated: –
133 The court accepts the Defendant’s evidence that the Plaintiff told him (and which he unfortunately believed) that the Settlement Agreement was only meant to be shown to the Plaintiff’s investors to appease and thereby deceive them into thinking that the Defendant would be paying them back, to take pressure off the Plaintiff until (as she hoped) her investors received their payments from Cedric. The Plaintiff reneged on that understanding by suing the Defendant. The document was never meant to create enforceable legal obligations.
In addition, our team successfully argued that the Plaintiff should pay the Defendant costs on a full indemnity basis. The Court agreed.
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