A Loan Affair

This is a claim for money allegedly lent to our client (the Defendant) by a Claimant. Our Michael Han successfully defended against the claim.

The Claimant first met the Defendant sometime in end of 2006. They were both married, but not to each other. After the Claimant’s divorce in September 2009, the Defendant commenced a relationship with the Claimant in December 2009. They became intimate in May 2010. The Claimant alleged that she had lent the Defendant a total sum of S$300,000 on different five occasions between May 2010 and January 2011. She sued him for non-payment. The case went before a High Court Judge.

After a trial proper, where only the Claimant and the Defendant gave evidence, the Judge dismissed her claim for the lack of evidence. The main question is one of fact, that is, did the Claimant even transfer S$330,000 to the Defendant? The finding turned on the credibility of the Claimant and the limited documents submitted in support.

On the balance of probability, the Judge found that the Claimant had failed to prove her case. Her claim was dismissed in its entirety with costs payable to the Defendant.