VIVEK KAPOOR & Anor v ZHANG XIAOSHI

VIVEK KAPOOR & Anor v ZHANG XIAOSHI

Defendant failed to adduce evidence establishing a prima facie defence; her assertions were unsupported by affidavits or documents and were contradicted by the signed inventory and estate agent's affidavit—therefore the setting aside applications were dismissed and the default judgment maintained subject to a proven adjustment of damages.

Citation
[2025] SGMC 24
Parties
Claimant: Vivek Kapoor; Claimant: Chawla Richa Mrs Richa Kapoor; Defendant: Zhang Xiaoshi
Court
Magistrates' Court
Jurisdiction
Singapore
Judgment Date
5 May 2025
Case Number
MC/OC 2139/2024 ( MC/SUM 2729/2024,MC/SUM 2743/2024 )
Procedural Posture
Civil Tenancy / Contract Dispute / Application to Set Aside Default Judgment
Outcome
Applications dismissed; Default Judgment varied as to quantum.
Legal Topics
Setting Aside Default Judgment, Default Judgment, Tenant Obligations, Damages, Inventory, Air Conditioner Maintenance
Source Language
English
Civil Procedure Contract Property/tenancy Setting Aside Default Judgment Default Judgment Tenant Obligations Damages Inventory +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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Vivek Kapoor

Claimant

Chawla Richa Mrs Richa Kapoor

Claimant

Zhang Xiaoshi

Defendant

Procedural Posture

Civil Tenancy / Contract Dispute / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether defendant established a prima facie defence to set aside a regular default judgment
  2. 2 Whether alleged verbal agreement to set off deposit against last month's rent was proven
  3. 3 Whether defendant breached clause 2(d) regarding upkeep and replacement of fixtures and fittings

Ratio Decidendi

Defendant failed to adduce evidence establishing a prima facie defence; her assertions were unsupported by affidavits or documents and were contradicted by the signed inventory and estate agent's affidavit—therefore the setting aside applications were dismissed and the default judgment maintained subject to a proven adjustment of damages.

Court Disposition

Applications dismissed; Default Judgment varied as to quantum.

Orders

  • The Defendant is to pay to the Claimants damages in the sum of $15,495 (this comprises of the $4,638 April 2023 rental and 1 month interest, $11,657 for repairs and replacements, $6,100 for air-conditioning repairs and replacements, less rental deposit of $6,900).
  • The Defendant is to pay to the Claimants costs of this action fixed by the court at $4,500 all-in.