Chan Emily v Kang Hock Chai Joachim: Breach of Trust Claim over Shares and Funds

In Chan Emily v Kang Hock Chai Joachim, the High Court of Singapore heard a claim by Chan Emily against Kang Hock Chai Joachim for breach of trust, seeking the recovery of moneys and property, including Guinness shares, cash, and unit trusts. Chan Emily claimed she entrusted these assets to Kang Hock Chai Joachim, her parish priest, while Kang Hock Chai Joachim contended they were gifts. The court, presided over by Justice Choo Han Teck, found in favor of Chan Emily, allowing her claim in full, citing the balance of probabilities and the lack of corroboration for Kang Hock Chai Joachim's testimony.

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

Chan Emily sues Kang Hock Chai Joachim for breach of trust over shares and funds. The court found in favor of the plaintiff, allowing her claim in full.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chan EmilyPlaintiffIndividualClaim AllowedWon
Kang Hock Chai JoachimDefendantIndividualClaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Josephine LowMichael Khoo and Partners
Andy ChiokMichael Khoo and Partners
Michael Khoo, SCMichael Khoo and Partners
Peter Cuthbert LowPeter Low Tang and Belinda Ang
Mark GohPeter Low Tang and Belinda Ang

4. Facts

  1. Plaintiff claimed she gave shares and money to the defendant, a priest, on trust.
  2. Defendant claimed the shares and money were gifts.
  3. Plaintiff was a parishioner at the church where the defendant was the parish priest.
  4. Defendant was convicted of criminal offences involving breach of trust of church money.
  5. Plaintiff had made a will naming the defendant as executor and trustee.
  6. Plaintiff opened a safe deposit box in the defendant's name.
  7. The defendant pleaded guilty to misappropriation of church funds.

5. Formal Citations

  1. Chan Emily v Kang Hock Chai Joachim, Suit 303/2004, [2005] SGHC 37

6. Timeline

DateEvent
Chan Emily acquired Guinness shares.
Kang Hock Chai Joachim became parish priest at the Church of St Theresa.
Chan Emily started attending mass at the Church of St Theresa.
Chan Emily handed Guinness shares to Kang Hock Chai Joachim.
Chan Emily gave RM350,000 to Kang Hock Chai Joachim.
Chan Emily learned that Kang Hock Chai Joachim had sold 30,000 of her shares.
Chan Emily gave $30,000 to Kang Hock Chai Joachim.
Chan Emily rented a safe deposit box at HSBC in the name of Kang Hock Chai Joachim.
Kang Hock Chai Joachim was transferred to the Holy Trinity Church.
Chan Emily learned that Kang Hock Chai Joachim was under investigation by the Commercial Affairs Department.
Suit filed by Chan Emily.
Judgment issued.

7. Legal Issues

  1. Breach of Trust
    • Outcome: The court found that the defendant had breached the trust.
    • Category: Substantive
    • Sub-Issues:
      • Fiduciary duty
      • Misappropriation of funds
  2. Weight of Evidence
    • Outcome: The court found the plaintiff's uncorroborated evidence more credible than the defendant's.
    • Category: Procedural
    • Sub-Issues:
      • Credibility of witnesses
      • Corroboration of evidence

8. Remedies Sought

  1. Recovery of moneys and property
  2. Account of sale of shares and dividends received
  3. Damages for wrongful conversion

9. Cause of Actions

  • Breach of Trust
  • Wrongful Conversion

10. Practice Areas

  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Browne v DunnN/AYes(1893) 6 R 67N/ACited regarding the rule that a litigant must disclose facts that are crucial and might swing the favour of the court.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Evidence Act (Cap 97, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Breach of trust
  • Fiduciary duty
  • Guinness shares
  • Safe deposit box
  • Parish priest
  • Spiritual director
  • Canon law
  • Misappropriation
  • Gift
  • Trust

15.2 Keywords

  • breach of trust
  • shares
  • funds
  • priest
  • fiduciary duty
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Trust Law90
Fiduciary Duties70
Evidence Law60

16. Subjects

  • Trusts
  • Evidence
  • Civil Litigation