- Joined
- Jan 20, 2019
- Messages
- 2,577
- Points
- 113
SINGAPORE: A court has set aside an earlier order requiring a woman to repay S$175,689 (US$137,300) in a loan dispute with her mother-in-law after new evidence was admitted.
The previous ruling, granted by a deputy registrar in August 2025 by way of summary judgment, has been overturned after District Judge Chiah Kok Khun said in a judgment dated Mar 16 that there are now “triable issues” and that the new evidence “should be fully dealt with in a trial”.
A summary judgment is a fast-track legal ruling where a judge decides a case without a full trial because the facts appear undisputed.
Documents from related divorce proceedings between the woman and her husband were introduced as new evidence after the court granted permission to use them.
The Family Justice Courts lifted restrictions on the use of documents from related divorce proceedings, allowing the husband’s affidavit to be relied on in the loan dispute.
In a sworn statement, the husband said that he had transferred S$620,670 to his mother. He wrote that part of the amount was to “repay monies the (wife) borrowed from my mother”.
As the claim of S$220,185 could have been fully satisfied through the husband’s transfers, there is now a basis to suggest that the woman may have a defence of double recovery, said District Judge Chiah.
A double recovery is when a claimant is compensated more than once for the same loss or damage. In this case, it might be a double recovery if the mother-in-law were allowed to claim the same sum again.
A court-imposed gag order issued on Nov 10 to protect the identity of the woman's child means that the woman, the mother-in-law and the woman's husband cannot be named.
The previous ruling, granted by a deputy registrar in August 2025 by way of summary judgment, has been overturned after District Judge Chiah Kok Khun said in a judgment dated Mar 16 that there are now “triable issues” and that the new evidence “should be fully dealt with in a trial”.
A summary judgment is a fast-track legal ruling where a judge decides a case without a full trial because the facts appear undisputed.
Documents from related divorce proceedings between the woman and her husband were introduced as new evidence after the court granted permission to use them.
The Family Justice Courts lifted restrictions on the use of documents from related divorce proceedings, allowing the husband’s affidavit to be relied on in the loan dispute.
In a sworn statement, the husband said that he had transferred S$620,670 to his mother. He wrote that part of the amount was to “repay monies the (wife) borrowed from my mother”.
As the claim of S$220,185 could have been fully satisfied through the husband’s transfers, there is now a basis to suggest that the woman may have a defence of double recovery, said District Judge Chiah.
A double recovery is when a claimant is compensated more than once for the same loss or damage. In this case, it might be a double recovery if the mother-in-law were allowed to claim the same sum again.
A court-imposed gag order issued on Nov 10 to protect the identity of the woman's child means that the woman, the mother-in-law and the woman's husband cannot be named.