CRRC (HONG KONG) CO. LIMITED & Anor v CHEN WEIPING

CRRC (HONG KONG) CO. LIMITED & Anor v CHEN WEIPING

Because the arguments on the four applications in the second action were the same as those decided in the first action, and the defendant's counterclaim did not disclose a reasonable cause of action nor did any real triable issues exist, the court granted the applicants' substantive reliefs: summary judgment against the defendant, struck out the counterclaim and set aside the third party notice.

Citation
[2019] SGHC 110
Parties
Plaintiff / Defendant in Counterclaim: CRRC (Hong Kong) Co Limited; Plaintiff / Defendant in Counterclaim: CRRC HongKong Capital Management Co Limited; Defendant / Plaintiff in Counterclaim: Chen Weiping; Third Party / Third Defendant in Counterclaim: Chew Hwa Kwang Patrick; Defendant in Counterclaim: Guo BingQiang
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
29 April 2019
Case Number
HC/S 815/2018 ( HC/SUM 5242/2018,HC/SUM 5698/2018,HC/SUM 5703/2018,HC/SUM 5705/2018 )
Procedural Posture
Civil Suit (suit No 815 of 2018) — Claim on Guarantees in Respect of Notes / Interlocutory Applications: Summonses for Summary Judgment and to Strike Out / Set Aside Third Party Notice (summons Nos 5242, 5698, 5703, 5705 of 2018)
Outcome
Applicants' applications granted
Legal Topics
Summary Judgment, Striking Out, Guarantee, Counterclaim, Third Party Notice, Set Aside
Source Language
English
Civil Procedure Contract Debt Recovery/guarantee Summary Judgment Striking Out Guarantee Counterclaim Third Party Notice +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

CRRC (Hong Kong) Co Limited

Plaintiff / Defendant in Counterclaim

CRRC HongKong Capital Management Co Limited

Plaintiff / Defendant in Counterclaim

Chen Weiping

Defendant / Plaintiff in Counterclaim

Chew Hwa Kwang Patrick

Third Party / Third Defendant in Counterclaim

Guo BingQiang

Defendant in Counterclaim

Procedural Posture

Civil Suit (suit No 815 of 2018) — Claim on Guarantees in Respect of Notes / Interlocutory Applications: Summonses for Summary Judgment and to Strike Out / Set Aside Third Party Notice (summons Nos 5242, 5698, 5703, 5705 of 2018)

Legal Issues

  1. 1 Whether the plaintiffs were entitled to summary judgment against the guarantor for liabilities under the Series 004 Notes
  2. 2 Whether the defendant's counterclaim disclosed a reasonable cause of action or should be struck out
  3. 3 Whether the third party notice should be set aside

Ratio Decidendi

Because the arguments on the four applications in the second action were the same as those decided in the first action, and the defendant's counterclaim did not disclose a reasonable cause of action nor did any real triable issues exist, the court granted the applicants' substantive reliefs: summary judgment against the defendant, struck out the counterclaim and set aside the third party notice.

Court Disposition

Applicants' applications granted

Orders

  • Summary judgment granted against the defendant, Chen Weiping, in respect of the Series 004 Notes claim
  • The defendant's counterclaim against the plaintiffs and third parties struck out