Tan Lai Wah v First National Bank of Chicago

• Jurisdiction: Singapore
• Court: Privy Council
• Judge: Lord Brightman
• Judgment Date: 08 February 1984
• Neutral Citation: [1984] SGPC 1
• Citation: [1984] SGPC 1
• Year: 1984
• Published date: 19 September 2003
• Docket Number: Privy Council Appeal No 38 of 1981
• Date: 08 February 1984
• Subject Matter: Formation,Credit and Security,Plea rejected,Plea of non est factum,Consent,Contract,Guarantor,Plea rejected by appellate court,Guarantees and indemnities,Non est factum
• Plaintiff Counsel: John C Beveridge QC and Tuan Kay (Cameron Markby)
• Defendant Counsel: R Alexander QC and N Chambers (Coward Chance)

This is an appeal brought by a Chinese lady who had been a successful land broker for 17-18 years. The appeal is against a judgment for moneys payable under a guarantee of an overdraft entered into as long ago as 1974. The only defence persisted in before their Lordships was one of non est factum to the guarantee which was signed. It was first raised some 15 months after the defence had originally been filed. The learned trial judge surprisingly upheld that defence. His judgment was...