LAGUNA NATIONAL GOLF AND COUNTRY CLUB LTD (IN LIQUIDATION) & 2 Ors v Peter Kwee Seng Chio & 3 Ors

LAGUNA NATIONAL GOLF AND COUNTRY CLUB LTD (IN LIQUIDATION) & 2 Ors v Peter Kwee Seng Chio & 3 Ors

Permission to withdraw the summons was granted; however, the proposed amendment to the default judgment was substantive because it sought to expand the asset subject to substitutive compensation beyond what the perfected default judgment had been entered for, and thus did not give effect to the court's intention at the time the default judgment was made; ROC 2021 O 3 r 2(2) and the court's inherent jurisdiction do not operate to permit substantive amendments that alter parties' rights contrary to the manifest intention when judgment was entered; accordingly, had the summons not been withdrawn the application to amend would have been dismissed.

Citation
[2026] SGHCR 15
Parties
Claimant: Laguna National Golf and Country Club Ltd (in liquidation); Claimant: Cameron Lindsay Duncan; Claimant: David Dong-Won Kim; Defendant: Peter Kwee Seng Chio; Defendant: Kwee Chin Wei Kevin; Defendant: Laguna Hotel Holdings Pte Ltd; Defendant: Kwee Hui Ling, Karen (a Bankrupt)
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
13 May 2026
Case Number
HC/OC 262/2025 ( HC/SUM 733/2026 )
Procedural Posture
Originating Claim No 262 of 2025 / Summons No 733 of 2026 (application to Amend Default Judgment; Withdrawn)
Outcome
Application granted to withdraw summons; on merits the proposed amendment would have been refused and the summons dismissed.
Legal Topics
Amendment of Judgments, Default Judgment, Setting Aside Default Judgment, Substitutive Compensation, Withdrawal of Summons, Rules of Court 2014 V Rules of Court 2021
Source Language
English
Civil Procedure Insolvency Equity Company Law Amendment of Judgments Default Judgment Setting Aside Default Judgment Substitutive Compensation +2 more

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Parties

Laguna National Golf and Country Club Ltd (in liquidation)

Claimant

Cameron Lindsay Duncan

Claimant

David Dong-Won Kim

Claimant

Peter Kwee Seng Chio

Defendant

Kwee Chin Wei Kevin

Defendant

Laguna Hotel Holdings Pte Ltd

Defendant

Kwee Hui Ling, Karen (a Bankrupt)

Defendant

Procedural Posture

Originating Claim No 262 of 2025 / Summons No 733 of 2026 (application to Amend Default Judgment; Withdrawn)

Legal Issues

  1. 1 Whether court may amend a default judgment after judgment perfected and under ROC 2021
  2. 2 Whether O 3 r 2(2) ROC 2021 expands court's power to make substantive amendments to judgments
  3. 3 Whether the proposed amendment was substantive or clarificatory

Ratio Decidendi

Permission to withdraw the summons was granted; however, the proposed amendment to the default judgment was substantive because it sought to expand the asset subject to substitutive compensation beyond what the perfected default judgment had been entered for, and thus did not give effect to the court's intention at the time the default judgment was made; ROC 2021 O 3 r 2(2) and the court's inherent jurisdiction do not operate to permit substantive amendments that alter parties' rights contrary to the manifest intention when judgment was entered; accordingly, had the summons not been withdrawn the application to amend would have been dismissed.

Court Disposition

Application granted to withdraw summons; on merits the proposed amendment would have been refused and the summons dismissed.

Orders

  • Permission granted to withdraw HC/SUM 733/2026 (without prejudice to claimants' rights)
  • Had the summons not been withdrawn, the application to amend the Default Judgment would have been dismissed and the proposed amendment refused