South East Enterprises (Singapore) Pte Ltd v Hean Nerng Holdings Pte Ltd and another

Choo Han Teck J:

[2] The trouble arose in 2004 when the first defendant (respondent) obtained a default judgment in the magistrates’ court for $27,794 and pursuant to that levied execution by writ of seizure and sale. The execution was carried out by the second defendant (respondent) bailiff. The plaintiff filed this action against the first defendant in 2009 claiming that the defendants had negligently executed the writ of seizure and sale. This action was brought after an initial application in August 2004 to set aside the writ of seizure and sale failed, largely because it was made after the goods had already been seized and sold. Thereafter, this action was filed – four years later. The first defendant then applied to strike out the claim but I did not think that the matter should be struck out without trial, notwithstanding that the plaintiff could not explain why it took four years to commence this action.

[6] Having regard to the nature of the case and the overall circumstances, the sum of $90,000 does not appear to be unreasonable. I think that in the event that the plaintiff succeeds at trial it is not likely to say that this had been an overestimation.