Terence Yeo v Lau Siew Kim: Amendment of Claim, Resulting Trust & Estate

In Terence Yeo Guan Chye and Another v Lau Siew Kim, the High Court of Singapore addressed an application by the plaintiffs, Terence and Theodore Yeo, to amend their statement of claim on the final day of trial against the defendant, Lau Siew Kim, the widow of their late father. The plaintiffs sought to establish a resulting trust over properties held by the defendant, alleging that the deceased's funds were used for their purchase. The court granted the amendment, finding no irreversible prejudice to the defendant, who appealed the decision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application by the plaintiffs to further amend their statement of claim on the last day of trial was granted.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving Terence Yeo and Lau Siew Kim concerning the amendment of a claim and a resulting trust over properties.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Theodore Yeo Guan Huat @ Yeo Guan HuatPlaintiffIndividualApplication grantedWon
Lau Siew KimDefendantIndividualApplication grantedLost
Terence Yeo Guan ChyePlaintiffIndividualApplication grantedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Lim Chor PeeChor Pee & Partners
Sng Kheng HuatSng & Co
Chew Swee LengSng & Co

4. Facts

  1. The plaintiffs are the sons of the deceased from his first marriage.
  2. The defendant is the widow of the deceased from his third marriage.
  3. The plaintiffs sought to set aside the second Will, which named the defendant as the sole beneficiary.
  4. The plaintiffs alleged that the defendant held properties on trust for the estate of the deceased.
  5. The properties in dispute include the Minton Rise property and the Tari Payong property.
  6. The plaintiffs applied to amend their statement of claim on the last day of trial.

5. Formal Citations

  1. Terence Yeo Guan Chye and Another v Lau Siew Kim, Suit 855/2005, [2006] SGHC 227

6. Timeline

DateEvent
Iris Chong married the deceased.
The deceased started a business called TY Batik.
The deceased met Ng Ah Mui.
The deceased filed a divorce petition against Iris Chong.
The deceased sold the Thrift Drive property for $330,000.
The deceased acquired the Sennett Lane property for $317,000.
Divorce granted to the deceased from Iris Chong.
The deceased married Ng Ah Mui.
The deceased sold the Sennett Lane property for $845,000.
The deceased bought the Fowlie Road property for $470,000.
The deceased made a Will.
The defendant met the deceased.
The deceased made a new Will.
The deceased's divorce from Ng was finalised.
The defendant went to England to study accounting.
The deceased and the defendant purchased the Minton Rise property for $495,000.
The deceased mortgaged the Fowlie Road property to SCB for $1.2m.
The deceased and the defendant were married.
Completion of the two semi-detached houses at Fowlie Road.
No. 33 Fowlie Road was sold for $1.828m.
The deceased purchased the Tari Payong property for $1.1m.
Construction of the two houses on the Tari Payong property started.
Tommy Yeo Hock Seng died.
The plaintiffs filed Suit No. 32 of 2005 against the defendant.
The court granted the plaintiffs’ application and the second Will was revoked.
The plaintiffs lodged a caveat on the Tari Payong property.
The plaintiffs lodged a caveat against the Minton Rise property.
The defendant’s solicitors wrote to the plaintiffs solicitors to request that the second caveat be removed.
The plaintiffs commenced these proceedings.
The first and second OS came up for hearing before Tay Yong Kwang J.
Counsel for the plaintiffs applied to further amend the statement of claim.
Decision Date

7. Legal Issues

  1. Amendment of Pleadings
    • Outcome: The court granted the plaintiffs' application to amend their statement of claim, finding that any prejudice to the defendant was compensatable by costs.
    • Category: Procedural
    • Sub-Issues:
      • Prejudice to defendant
      • Compensatable by costs
  2. Resulting Trust
    • Outcome: The court considered the plaintiffs' claim that the defendant held properties on resulting trust for the estate of the deceased.
    • Category: Substantive

8. Remedies Sought

  1. Declaration that properties are held in trust for the estate
  2. Order for sale of properties
  3. Account of profits
  4. Restraining order

9. Cause of Actions

  • Resulting Trust

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hong Leong Finance Ltd v Famco (S) Pte LtdHigh CourtYes[1992] 2 SLR 1108SingaporeCited in support of the defendant’s objections to the amendment of the statement of claim.
Ketteman v Hansel PropertiesHouse of LordsYes[1987] AC 189United KingdomRelied upon in support of the defendant’s objections to the amendment of the statement of claim.

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

  • Amendment of statement of claim
  • Resulting trust
  • Joint tenancy
  • Caveat
  • Letters of administration
  • Prejudice
  • Costs

15.2 Keywords

  • amendment
  • claim
  • resulting trust
  • estate
  • property
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Property Law60
Trust Law50
Succession Law40
Asset Protection30
Corporate Law20
Contract Law20
Breach of Contract20
Affidavits20

16. Subjects

  • Civil Procedure
  • Trusts
  • Estate Administration