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Singapore

Re Estate of Chong Siew Kum, deceased [2005] SGHC 41

The presumption of advancement applies to transfers of property from a mother to her children, and the plaintiff failed to rebut this presumption.

Sushant Shukla· ·13 min read
Singapore

Kaufman, Gregory Laurence and Others v Datacraft Asia Ltd and Another [2005] SGHC 174

The court held that the Letter Agreement did not create an entrustment relationship under Japanese law, and therefore no fiduciary duties were owed by the defendants to the plaintiffs.

Sushant Shukla· ·15 min read
Singapore

Lin Tsang Kit and Another v Chng Thiam Kwee [2005] SGHC 10

The court held that the defendant, as the controlling mind of the company, was the trustee of the shares held in the company's name and was liable to account for secret profits and sale proceeds.

Sushant Shukla· ·14 min read
Singapore

Lai Min Tet and Another v Lai Min Kin and Another and Another Application [2004] SGHC 3

The court held that a resulting trust arose in favour of the father as he had paid for the property, and the presumption of advancement was not displaced.

Sushant Shukla· ·14 min read
Singapore

Merriwa Nominees Pty Ltd v Romar Positioning Equipment Pte Ltd [2004] SGHC 176

The court held that the Defendants, as trustees, failed to justify certain deductions in their account to the Plaintiffs, specifically regarding withholding tax and unsupported expenses, and ordered the account to be adjusted accordingly.

Sushant Shukla· ·12 min read
Singapore

Joshua Steven v Joshua Deborah Steven and Others [2004] SGHC 166

The court held that the alleged trust failed for lack of the three certainties (intention, subject matter, and objects) and that the defendants could not introduce a new claim of proprietary estoppel after the trial had concluded.

Sushant Shukla· ·14 min read
Singapore

Naidu Rajasimha and Another v Naidu Sathyamurthi Narsimhan and Others [2004] SGHC 124

A presumed resulting trust arises where property is bought by A in the name of B, but the presumption can be rebutted by evidence. The plaintiffs failed to prove the existence of an oral agreement or that the purchase money was provided by the estate of Lakshmi Naidu.

Sushant Shukla· ·13 min read
Singapore

Pacific Rim Palm Oil Ltd v PT Asiatic Persada and Others [2003] SGHC 243

A Quistclose trust arises when money is advanced for a specific purpose that fails, and the lender retains an equitable interest in the funds.

Sushant Shukla· ·16 min read
Singapore

Sutjiawang Johanis alias Tjia Eng Liong v Tjia Eng Soei [2002] SGHC 94

The court held that the plaintiff was the beneficial owner of the shares and monies in question, as the defendant failed to prove that the remittances were fruits of his own investment in Bank Pelita.

Sushant Shukla· ·15 min read
Singapore

Ong Heng Chuan & Another v Ong Boon Chuan & Another [2002] SGHC 285

The court found that the Plaintiffs failed to prove the existence of a common understanding or arrangement that would give rise to a constructive trust under the 'Pallant v Morgan equity' doctrine.

Sushant Shukla· ·13 min read
Singapore

Bermuda Trust (Singapore) Ltd v Richard Wee and Others [2002] SGHC 22

Trustees are entitled to charge fees based on the open market value of trust assets as determined by a reputable valuer, and are liable for interest on trust funds if they delay payment without reasonable excuse.

Sushant Shukla· ·12 min read
Singapore

Malaysian International Trading Corp Sdn Bhd v Interamerica Asia Pte Ltd and Others [2002] SGHC 198

The case establishes that for a person to be liable as an accessory to a breach of trust, they must have acted dishonestly by the objective standards of reasonable and honest people, while also being subjectively aware that their conduct was dishonest by those standards.

Sushant Shukla· ·15 min read
Singapore

Re Pinkroccade Educational Services Pte Ltd (formerly known as PDA Pink Elephant Pte Ltd)(in creditors' voluntary winding up) [2002] SGHC 186

A company in voluntary liquidation holds money paid to it by mistake under a constructive trust if it is unconscionable for the company to retain it, provided the money is identifiable.

Sushant Shukla· ·14 min read
Singapore

Nyo Nyo Min v Aung Khin and Another [2001] SGHC 39

The plaintiff failed to discharge the burden of proof to establish a resulting trust over the matrimonial property and bank accounts.

Sushant Shukla· ·13 min read
Singapore

Re Compensation Fund established under s 75 of the Legal Profession Act (Cap 161, 2000 Ed) [2001] SGHC 320

Section 75(9)(d) of the Legal Profession Act does not permit the Law Society to use the Compensation Fund to repay loans taken for purposes other than the Fund itself. However, the court may sanction such a scheme under s 56 of the Trustees Act if it is expedient.

Sushant Shukla· ·12 min read
Singapore

Zheng Song Bo v Tien Chee Tee and Others [2001] SGHC 287

A trustee is not entitled to purchase trust property from himself, and any such sale may be set aside by a beneficiary regardless of the fairness of the transaction.

Sushant Shukla· ·14 min read
Singapore

Koh Kim Eng v Lim Geok Yian [2001] SGHC 230

A constructive trust arises where it would be unconscionable for the legal owner of property to assert their own beneficial interest and deny the beneficial interest of another, particularly where the parties had a clear understanding that the legal owner would relinquish their i

Sushant Shukla· ·13 min read
Singapore

Chong Chwee Hin v Ng Sew Hoi [2000] SGHC 226

The court held that the agreement for the sale of the plaintiff's interest in the partnership was not a genuine sale but a scheme to protect assets, and thus the plaintiff retained a beneficial interest in the partnership.

Sushant Shukla· ·12 min read
Singapore

Tong Guan Food Products Pte Ltd v Ong Leong Chuan [2000] SGHC 222

The court held that the defendant held 10% of the shares in the plaintiff company on trust for his sister, Siew Ann, based on the evidence presented.

Sushant Shukla· ·14 min read
Singapore

Tang Hsiu Lan v Pua Ai Seok and Others [2000] SGHC 163

The court held that the plaintiff was precluded from asserting proprietary claims against the 1st to 3rd defendants because the issues had been or should have been canvassed in previous proceedings, and there was no evidence to support the imposition of a constructive trust.

Sushant Shukla· ·13 min read
Singapore

Mak Saw Ching v Yam Hui Min, Barbara Rebecca

A resulting trust will not be implied against the actual intentions of the transferor, and the presumption of resulting trust is a weak inference that is rebutted by evidence of a gift.

Sushant Shukla· ·13 min read
Singapore

Kotagaralahalli Peddappaiah Nagaraja v Moussa Salem and others [2023] SGHC 6

In Kotagaralahalli Peddappaiah Nagaraja v Moussa Salem and others, the High Court of the Republic of Singapore addressed issues of Trusts — Express trusts, Trusts — Resulting trusts.

Sushant Shukla· ·9 min read
Singapore

Medica Singapore Pte Ltd v Chabtini Elias Georges [2022] SGHC 234

In Medica Singapore Pte Ltd v Chabtini Elias Georges, the High Court of the Republic of Singapore addressed issues of Trusts — Express trusts.

Sushant Shukla· ·9 min read
Singapore

Chin Kim Yon v Chin Kheng Hai [2016] SGHC 2

In Chin Kim Yon v Chin Kheng Hai, the High Court of the Republic of Singapore addressed issues of Family law — Advancement, Trusts — Resulting trusts.

Sushant Shukla· ·9 min read