Appeals court thwarts businessman’s attempt to claw back S $ 2million ‘loan’ from former mistress
Singapore — The Court of Appeal ruled Friday March 5 in the lawsuit filed by businessman Toh Eng Tiah to recover S $ 2 million he said he loaned his former mistress.
the straitstimes.com reports that not only will Mr. Toh no longer see the money he claims Ms. Angelina Jiang borrowed from him, but he must also pay him an additional $ 45,000.
In the 2019 trial, the case appeared to be a classic “he says” versus “she says” situation, as Mr. Toh claimed that the S $ 2 million he gave Ms. Jiang was a loan, so that she said it was a gift he gave her over a three month period from December 2016.
As Mr. Toh claimed it was a loan, he demanded repayment from him.
However, Ms. Jiang, who is a real estate agent 25 years younger than her former lover, showed chat messages to prove that the money given to her was a gift and not a loan. Therefore, it was not necessary for her to return it to him.
In 2020, the Supreme Court ruled that approximately $ 680,000 of the money Mr. Toh gave Ms. Jiang were gifts and should not be refunded by her.
But the sum of $ 1.12 million is expected to be repaid to him once this sum becomes due under a loan agreement they signed in 2017.
The court also ruled that Mr. Toh owed Ms. Jiang the $ 45,000 he owed.
Both parties appealed against this decision.
On March 5, the Court of Appeal overturned the decision based on the loan agreement they signed in 2017, saying it was a sham.
And while this part of the Supreme Court decision was overturned, the part concerning the businessman to reimburse Ms. Jiang $ 45,000 was confirmed.
Mr. Toh has two older children from his first marriage and one from a previous relationship. He is still married but has no children with his current wife.
Ms. Jiang, a former Chinese national who obtained citizenship in Singapore in 2014, has two children from a previous marriage. She owns two properties and earns up to $ 700,000 per year.
In November 2016, Mr. Toh first contacted Ms. Jiang in a professional capacity and began a relationship with her shortly thereafter.
According to Ms. Jiang’s attorney, Mr. Toh gave her many expensive gifts as well as access to her debit card’s personal identification number.
In January 2017, Mr. Toh promised her at a temple that he would set up a home for her and pay her living expenses and credit card, telling her that her marriage was unhappy and that he needed help finding a lawyer specializing in divorce. .
The couple entered into a loan agreement on March 24, 2017, drafted by their attorneys, although Mr. Toh has already given Ms. Jiang more than S $ 1 million. After signing the loan agreement, he gave her an additional S $ 872,000.
Less than a month later, Ms. Jiang found out that she was pregnant, but the next month, she could no longer contact Mr. Toh.
In June 2017, the real estate agent received a letter from Mr. Toh’s attorneys requesting reimbursement of the S $ 2 million he had given him.
Soon after she miscarried, Mr. Toh claims the child was not his. He also refused to take a paternity test.
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