Lee Hiok Tng v Lee Hiok Tng: Res Judicata & Gift of Shares Dispute
In Lee Hiok Tng (in her personal capacity) v Lee Hiok Tng and another (executors and trustees fo the estate of Lee Wee Nam, deceased) and Others, the Court of Appeal of Singapore heard an appeal regarding the application of res judicata in a dispute over 27 Overseas Union Bank (OUB) shares. Lee Hiok Tng, in his personal capacity, appealed against the High Court's decision, which dismissed his claim based on the doctrine of res judicata. The appeal concerned two primary issues: the validity of a gift of shares from the deceased, Lee Wee Nam, to Lee Hiok Tng, and the reimbursement of expenses incurred by Lee Hiok Tng related to those shares. The Court of Appeal dismissed the appeal, finding that the doctrine of res judicata applied to the reimbursement question, but not to the gift question. However, the court found the gift to be invalid on its merits.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding res judicata in a dispute over shares gifted by a deceased father to his son. The court dismissed the appeal, finding res judicata applicable to some issues.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Hiok Tng | Appellant | Individual | Appeal Dismissed | Lost | |
| Lee Hiok Tng and another (executors and trustees fo the estate of Lee Wee Nam, deceased) | Respondent | Trust | Appeal Upheld | Won | |
| Lee Siew Choon, Lee Siew Hong and Lee Siew Ngung | Other | Individual | Intervention Successful | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Foo Say Tun | Wee Tay & Lim |
| Yang Tze Ching Valerie | Wee Tay & Lim |
| Lim Kian Leng Malcolm | Tan & Lim |
4. Facts
- Lee Wee Nam (Nam) purported to give 27 Overseas Union Bank (OUB) shares to Lee Hiok Tng (Tng) in 1962.
- The High Court previously ruled that the 27 shares belonged to Wee Kee Kongsi (Kongsi), not Nam.
- Tng claimed the shares were a gift from his father, Nam, in appreciation for his assistance.
- Tng sought reimbursement for expenses incurred in taking up rights issues related to the shares.
- Three beneficiaries of Nam's estate intervened, arguing the issues were already decided.
- Nam was under the impression that the 27 shares were his beneficially when he transferred the shares to Tng.
- The 1992 High Court judgment declared that Nam acted in breach of trust when he transferred the 27 shares to Tng.
5. Formal Citations
- Lee Hiok Tng (in her personal capacity) v Lee Hiok Tng and another (executors and trustees fo the estate of Lee Wee Nam, deceased) and Others, CA 135/2000, [2001] SGCA 26
- Lee Hiok Tng v Lee Hiok Tng, , [1993] 3 SLR 148
- Lee Hiok Tng v Lee Hiok Tng, , [1996] 2 SLR 297
6. Timeline
| Date | Event |
|---|---|
| Lee Wee Nam purported to give 27 Overseas Union Bank shares to Lee Hiok Tng as a gift. | |
| Action S 1401/73 commenced by some of the beneficiaries of the Kheng estate. | |
| Action S 2457/81 commenced by some of the beneficiaries of the Kheng estate. | |
| High Court delivered judgment in the consolidated action. | |
| Court of Appeal upheld the High Court's judgment. | |
| Privy Council upheld the Court of Appeal's judgment. | |
| Tng and Woon instituted an Originating Summons to seek the court's determination of two questions. | |
| Lee Siew Choon, Lee Siew Hong and Lee Siew Ngung applied to intervene in the proceeding. | |
| Court of Appeal dismissed the appeal. |
7. Legal Issues
- Res Judicata
- Outcome: The court found that the doctrine of res judicata in the strict sense did not apply to the gift question, but did apply to the reimbursement question.
- Category: Procedural
- Sub-Issues:
- Abuse of process of court
- Identity of parties
- Identity of subject matter
- Related Cases:
- [1843] All ER 378
- [1994] QB 290
- [1975] AC 581
- [1999] 4 SLR 45
- [2000] 1 SLR 51
- [1947] 2 All ER 255
- [1984] 3 All ER 345
- Validity of Gift
- Outcome: The court held that the gift was invalid because the shares did not belong to the giver and the elements of a valid gift were missing.
- Category: Substantive
- Sub-Issues:
- Intention to give
- Precise subject matter to be given
- Proper conveyance
- Presumption of Advancement
- Outcome: The court found that the presumption of advancement did not assist the appellant because the problems were related to the intention of the giver and the objects of that intention.
- Category: Substantive
- Related Cases:
- [1999] 4 SLR 560
- [1970] AC 777
- [1955] AC 431
- [1995] 2 FLR 114
8. Remedies Sought
- Determination of rights with respect to the gift of shares
- Indemnity for costs and expenses incurred pertaining to the shares
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
- Trusts and Estates
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Henderson v Henderson | Unknown | Yes | [1843] All ER 378 | England and Wales | Cited as the locus classicus on res judicata in the wider sense, outlining the principle that parties must bring their whole case forward in litigation. |
| Talbot v Berkshire County Council | Queen's Bench | Yes | [1994] QB 290 | England and Wales | Clarified the two situations where res judicata arises: points actually decided and those which might have been brought forward. |
| Yat Tung Investment Co Ltd v Dao Heng Bank Ltd & Anor | Privy Council | Yes | [1975] AC 581 | Hong Kong | Accepted the two senses of res judicata expounded in Henderson v Henderson. |
| Ng Chee Chong v Toh Kouw | Court of Appeal | Yes | [1999] 4 SLR 45 | Singapore | Accepted the two senses of res judicata expounded in Henderson v Henderson and emphasized the need for great care in applying res judicata in the extended sense. |
| Ching Mun Fong v Liu Cho Chit | Court of Appeal | Yes | [2000] 1 SLR 51 | Singapore | Endorsed the passage in Greenhalgh v Mallard regarding the scope of res judicata. |
| Greenhalgh v Mallard | Unknown | Yes | [1947] 2 All ER 255 | England and Wales | Cited for the principle that res judicata covers issues or facts that could have been raised in previous litigation. |
| Lawlor v Gray | Unknown | Yes | [1984] 3 All ER 345 | England and Wales | Emphasized that the words in Henderson v Henderson should be construed in a common-sense way, bearing in mind that the party claiming estoppel seeks to shut out a matter not previously pronounced on. |
| Teo Siew Har v Lee Kuan Yew | Court of Appeal | Yes | [1999] 4 SLR 560 | Singapore | Observed that the application of the presumption of advancement has diminished in recent years in the context of husband and wife. |
| Pettitt v Pettitt | House of Lords | Yes | [1970] AC 777 | England and Wales | Considered in relation to the presumption of advancement in the context of husband and wife. |
| Shephard v Cartwright | House of Lords | Yes | [1955] AC 431 | England and Wales | Discussed the presumption of advancement in the context of a father registering shares in the name of a child. |
| McGrath v Wallis | Court of Appeal | Yes | [1995] 2 FLR 114 | England and Wales | Extended the views of Lord Upjohn in Pettitt v Pettitt to the context of father and son regarding the presumption of advancement. |
| Lee Hiok Tng v Lee Hiok Tng | Court of Appeal | Yes | [1993] 3 SLR 148 | Singapore | The judgment was upheld on appeal by the Court of Appeal. |
| Lee Hiok Tng v Lee Hiok Tng | Privy Council | Yes | [1996] 2 SLR 297 | United Kingdom | The judgment was upheld on appeal by the Privy Council. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Res judicata
- Gift
- Presumption of advancement
- Breach of trust
- Overseas Union Bank shares
- Wee Kee Kongsi
- Executors
- Trustees
- Beneficiaries
- Originating summons
- Reimbursement
- Indemnity
15.2 Keywords
- Res judicata
- Gift of shares
- Breach of trust
- Singapore
- Court of Appeal
- Trust law
- Equity
- Presumption of advancement
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Res Judicata | 95 |
| Estate Administration | 85 |
| Gifts Law | 80 |
| Evidence Law | 70 |
| Fiduciary Duties | 60 |
| Trust Law | 60 |
16. Subjects
- Trusts
- Equity
- Civil Procedure
- Gifts