Bakery Mart Pte Ltd v Ng Wei Teck Michael and Others

Bakery Mart Pte Ltd v Ng Wei Teck Michael and Others

The court refused to set aside the consent judgment because Bakery Mart knowingly and deliberately consented to it; there was no fraud or error in the expression of the court's intention; the receivers and managers acted within their authority after legal advice and verification, and any mistake by them is a matter between Bakery Mart and the receivers rather than a ground to reopen the judgment.

Citation
[2004] SGHC 226
Parties
Plaintiff: Bakery Mart Pte Ltd; First Defendant: Ng Wei Teck Michael; Second Defendant: Chay Fook Yuen Peter; Third Defendant: Culina Pte Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
5 October 2004
Case Number
OS 249/2004
Procedural Posture
Originating Summons (set Aside Consent Judgment) / Judgment (high Court) 05 Oct 2004
Outcome
Originating summons dismissed
Legal Topics
Consent Judgment, Setting Aside Judgment, Receivers and Managers, Summary Judgment, Statutory Demand
Source Language
English
Civil Procedure Company Law Insolvency/receivership Consent Judgment Setting Aside Judgment Receivers and Managers Summary Judgment Statutory Demand

Case Brief

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Parties

Bakery Mart Pte Ltd

Plaintiff

Ng Wei Teck Michael

First Defendant

Chay Fook Yuen Peter

Second Defendant

Culina Pte Ltd

Third Defendant

Procedural Posture

Originating Summons (set Aside Consent Judgment) / Judgment (high Court) 05 Oct 2004

Legal Issues

  1. 1 Whether a consent judgment entered by receivers and managers can be set aside for mistake by the receivers
  2. 2 Whether bad faith or fraud was alleged against the opposing party such as would justify setting aside the consent judgment
  3. 3 Whether a mistake of the company's agents (receivers and managers) vitiates the company's consent to judgment

Ratio Decidendi

The court refused to set aside the consent judgment because Bakery Mart knowingly and deliberately consented to it; there was no fraud or error in the expression of the court's intention; the receivers and managers acted within their authority after legal advice and verification, and any mistake by them is a matter between Bakery Mart and the receivers rather than a ground to reopen the judgment.

Court Disposition

Originating summons dismissed

Orders

  • Originating summons dismissed
  • Costs to Culina fixed at $6,000 (SGD)