Zheng Song Bo v Tien Chee Tee: Breach of Trust over Desker Road Property Sale Proceeds

In Zheng Song Bo v Tien Chee Tee, the High Court of Singapore ruled in favor of Zheng Song Bo, who claimed that the executors of his adopted father's estate, including Tien Chee Tee, did not adhere to the terms of the will regarding the Desker Road property. The court found that the trustees breached their obligations by arranging a sham transfer of the property and failing to ensure Zheng Song Bo received his rightful share of the sale proceeds. The court ordered that Zheng Song Bo was entitled to costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Zheng Song Bo sued Tien Chee Tee for breach of trust, alleging he was denied his share of the Desker Road property sale proceeds. The court ruled in favor of Zheng Song Bo.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Zheng Song BoPlaintiffIndividualJudgment for PlaintiffWonJeffrey Beh Eng Siew, Bernard Sahagar
Tien Chee TeeDefendantIndividualClaim DismissedLostWinston Low
Thia Ah MinDefendantIndividualClaim DismissedLostA Rajandran
Teh Siew HoongDefendantIndividualClaim DismissedLostA Rajandran

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes

4. Counsels

Counsel NameOrganization
Jeffrey Beh Eng SiewLee Bon Leong & Co
Bernard SahagarLee Bon Leong & Co
Winston LowWinston Low & Partners
A RajandranA Rajandran, Joseph & Nayar

4. Facts

  1. The plaintiff claimed the executors of his adopted father's estate did not adhere to the will.
  2. The plaintiff sought an order for the Desker property to be sold and for him to be paid his share of the proceeds.
  3. The defendants contended the property was sold according to the will and the plaintiff received his share.
  4. The testator appointed Mr Tien and Madam Lim as executors in his will.
  5. The will stated the property should be sold when Ms Teh reached 21 and proceeds divided equally between her and Mr Zheng.
  6. The property was transferred to Mr Thia and then to Ms Teh on the same day.
  7. The plaintiff was not informed of the will or the transfer until 1986.

5. Formal Citations

  1. Zheng Song Bo v Tien Chee Tee and Others, Suit 363/2001/W, [2001] SGHC 287

6. Timeline

DateEvent
Testator died
Teh Siew Hoong reached the age of 21
Desker property conveyed to Mr Thia
Property transferred by Mr Thia to Ms Teh
Zheng Song Bo learned about his inheritance
Zheng Song Bo visited Singapore
Zheng Song Bo received a letter about the Desker property
Zheng Song Bo came to Singapore and retained solicitors
Lee Bon Leong & Co wrote to the trustees
Zheng Song Bo came to Singapore
Madam Lim died
Proceedings instituted
Judgment issued

7. Legal Issues

  1. Breach of Trust
    • Outcome: The court held that the trustees breached their obligations to the plaintiff by arranging for the transfer of the Desker property to Mr Thia.
    • Category: Substantive
    • Sub-Issues:
      • Failure to inform beneficiary
      • Sham transaction
      • Improper transfer of property
    • Related Cases:
      • [1977] 1 Ch 106

8. Remedies Sought

  1. Order for sale of property
  2. Payment of share of sale proceeds

9. Cause of Actions

  • Breach of Trust

10. Practice Areas

  • Estate Litigation
  • Trust Litigation
  • Real Estate Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tito v Waddel (No 2)Chancery DivisionYesTito v Waddel (No 2) 1977 1 Ch 106England and WalesCited for the principle that a beneficiary may have a sale set aside if a trustee purchases trust property from himself.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Desker property
  • Trustees
  • Will
  • Sale proceeds
  • Beneficiary
  • Sham transaction

15.2 Keywords

  • breach of trust
  • property sale
  • wills
  • estates
  • trustees
  • beneficiary

16. Subjects

  • Trusts
  • Estates
  • Property

17. Areas of Law

  • Trust Law
  • Wills and Estates
  • Property Law