A woman who lost her lawsuit against her ex-lover for medical negligence is now facing bankruptcy after failing to pay more than S$250,000 in costs and other fees to him.

Ms Serene Tiong Sze Yin took Dr Chan Herng Nieng, a psychiatrist, to court in 2020, accusing him of making her addicted to Xanax, a medication to treat anxiety, during their relationship from 2017 to 2018.

Ms Tiong, who was married, began an affair with Dr Chan in January 2017, according to previous media reports. Dr Chan, then single, gave Ms Tiong Xanax tablets for her anxiety.

The duo broke up around May 2018, after Ms Tiong found explicit WhatsApp messages between Dr Chan and his then-close friend, colorectal surgeon Julian Ong about their sexual exploits with other women. Ms Tiong filed a complaint with the Singapore Medical Council, which launched an investigation and disciplinary proceedings.

In turn, Dr Ong sued Ms Tiong for defamation for claiming that he and Dr Chan had colluded to take sexual advantage of their patients. Dr Ong won the lawsuit on appeal.

However both Dr Ong and Dr Chan were found guilty of improper conduct and suspended from practice. On appeal by the Singapore Medical Council, both doctors had their suspensions extended in December last year.

Ms Tiong also sued Dr Chan, claiming that he prescribed her Xanax, which she suffered a side effect from, and later became addicted to.

She also alleged that Dr Chan had told her that he was committed to a long-term and exclusive sexual relationship with her. Subsequently, Ms Tiong suffered a mental and emotional breakdown when she discovered that Dr Chan was having sexual relations with other married women during their relationship.

In July last year, the High Court rejected Ms Tiong's claims. The judge found Ms Tiong's testimony to be unreliable and her claims to be an "abuse of the court process".

The judge ruled that the lawsuit was, at its core, a lover's spat, and described it as "the latest episode in Ms Tiong's plot for revenge against the one who spurned her".

The court ordered Ms Tiong to pay costs to Dr Chan, but Ms Tiong has not been able to pay her debt, amounting to S$250,475.40 in court documents seen by CNA.

The sum includes costs arising from the lawsuit, and from related applications, such as Dr Chan's application to revoke a subpoena issued by Ms Tiong.

Dr Chan filed a bankruptcy application against his former lover on Sept 22 this year. In an affidavit supporting the application, he said that his solicitors served a statutory demand setting out the debt to Ms Tiong on June 13 this year.

The statutory demand stated that Ms Tiong should apply to set it aside within 14 days, or settle her debts within 21 days — or by July 4 this year — failing which she could be made bankrupt, and her property and goods seized.

However Ms Tiong did not comply, or apply to set aside the statutory demand.

"I therefore believe that Ms Tiong is presumed to be unable to pay her debts," Dr Chan stated. Dr Chan then filed the bankruptcy application to recover the debt.

The hearing for the application is fixed on Oct 26, during which the court may decide to grant the bankruptcy order. If Ms Tiong is unable to repay the debt, she will be declared a bankrupt and her assets taken. 

In response to queries about the application, Ms Tiong said she was a single mother raising a teenage boy, while her father was unemployed.

She also said she is servicing a Housing Board (HDB) mortgage.

Asked if she intends to challenge the application, Ms Tiong said: "I have no choice. (I) can't pay up.

"(I am) shocked, sad. I can't travel with my son. I wanted to bring him overseas. (The bankruptcy application is an) embarrassment to my family. I tried so hard, worked so hard, yet I lost," she said.

CNA has contacted Dr Chan for comments through his lawyer. CNA

For more reports like this, visit cna.asia.

Source:
courtesy of TODAY

by KOH WAN TING

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