Yeoh Poh San v Won Siok Wan: Dispute over Gift of Moneys in Bank Accounts
In Yeoh Poh San and Another v Won Siok Wan, the High Court of Singapore addressed a dispute over the beneficial ownership of moneys in three bank accounts in Singapore. Yeoh Poh San and Choo Lee Chin (the plaintiffs) sued Won Siok Wan (the defendant), claiming that Won Siok Wan misappropriated moneys held in trust for Yeoh Poh San. The court dismissed the plaintiffs' claims, finding that Yeoh Poh San intended to make a gift of the moneys to Won Siok Wan. The court ordered the plaintiffs to pay costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs’ claims are dismissed with costs
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
A dispute arose between Yeoh Poh San and Won Siok Wan over the beneficial ownership of moneys in Singapore bank accounts. The court dismissed the plaintiff's claims, finding that Mr. Yeoh intended to gift the moneys to Mdm Won.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yeoh Poh San | Plaintiff | Individual | Claim Dismissed | Lost | L Kuppanchetti, Koh Chia Ling |
| Choo Lee Chin | Plaintiff | Individual | Claim Dismissed | Lost | L Kuppanchetti, Koh Chia Ling |
| Won Siok Wan | Defendant | Individual | Judgment for Defendant | Won | Andre Arul |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Kew Chai | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| L Kuppanchetti | Alban Tay Mahtani & De Silva |
| Koh Chia Ling | Alban Tay Mahtani & De Silva |
| Andre Arul | Arul Chew & Partners |
4. Facts
- Mr. Yeoh is a lawyer practicing in Kuala Lumpur, Malaysia.
- Mrs. Yeoh and Mdm Won have known each other since childhood.
- Mr. Yeoh married Mrs. Yeoh on 8 August 2001.
- The dispute concerns moneys in three bank accounts in Singapore.
- Mdm Won withdrew SGD1,036,000.00, SGD810,596.41 and USD372,122.49 from the accounts on 11 June 2002.
- The accounts were in the joint names of Mdm Won and Mrs Yeoh.
- Mr. Yeoh claims the moneys belonged to him and Mdm Won held them in trust.
- Mdm Won claims Mr. Yeoh made gifts of the moneys to her.
- Mr. Yeoh was in a relationship with both Mdm Won and Mrs Yeoh for many years.
- Mr. Yeoh had heart-related problems and underwent multiple medical procedures.
- Mr. Yeoh gave cash gifts totalling RM2 million each to Mdm Won and Mrs Yeoh from 1997 to 1999.
5. Formal Citations
- Yeoh Poh San and Another v Won Siok Wan, Suit 12/2002, [2003] SGHC 218
6. Timeline
| Date | Event |
|---|---|
| Mdm Won became Mr Yeoh’s ‘female companion’ | |
| Mrs Yeoh entered into their lives, having met Mr Yeoh in 1979 | |
| Mr Yeoh’s marriage to his 2nd wife was dissolved | |
| Mr Yeoh made a Will, giving everything he owned to Mdm Won and Mrs Yeoh in equal shares | |
| Mr Yeoh underwent angioplasty and stenting | |
| Mr Yeoh underwent angioplasty and stenting | |
| Mr Yeoh opened a joint account with Mdm Won at Hong Leong Bank, Kuala Lumpur | |
| Mr Yeoh opened a joint banking account with Mrs Yeoh at a branch of Phileo Allied Bank | |
| The joint account with Hong Leong Bank Bhd was closed at Mdm Won’s request | |
| Mr Yeoh underwent stenting and angioplasty | |
| Discussion amongst the three of them on the moneys being kept for his old age and medical expenses | |
| Mdm Won withdrew moneys from 3 accounts | |
| Mr Yeoh married Mrs Yeoh | |
| Mdm Won withdrew from 3 accounts the sums of SGD1,036,000.00, SGD810,596.41 and USD372,122.49 | |
| Mdm Won sold shares in Gaya Rancak Sdn Bhd for about RM800,000 | |
| Decision Date |
7. Legal Issues
- Intention to give
- Outcome: The court found that Mr. Yeoh intended to make a gift of the moneys to Mdm Won.
- Category: Substantive
- Sub-Issues:
- Proof of donative intent
- Acceptance of gift
- Beneficial ownership of bank accounts
- Outcome: The court determined that Mdm Won was the beneficial owner of the moneys in the bank accounts.
- Category: Substantive
- Sub-Issues:
- Joint bank accounts
- Withdrawal rights
8. Remedies Sought
- Declaration of trust
- Enquiry to facilitate tracing of the moneys
- Repayment of all moneys
- Injunction restraining Mdm Won from disposing of the moneys
9. Cause of Actions
- Breach of Trust
- Misappropriation
10. Practice Areas
- Civil Litigation
11. Industries
- Legal Services
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Inter vivos gift
- Beneficial ownership
- Declaration of trust
- Misappropriation
- Joint account
- Donative intent
15.2 Keywords
- gift
- bank accounts
- trust
- misappropriation
- Singapore
- Malaysia
- High Court
16. Subjects
- Trusts
- Banking
- Financial Disputes
- Gifts
17. Areas of Law
- Gifts
- Inter vivos
- Trust Law