Neo Hui Ling v Ang Ah Sew: Sale of Jointly Owned Property Dispute
In Neo Hui Ling v Ang Ah Sew, the High Court of Singapore, on 3 November 2010, ordered the sale of a property jointly owned by the plaintiff, Neo Hui Ling, and the defendant, Ang Ah Sew, who is also the plaintiff's mother. The plaintiff sought the order under s 18 of the Supreme Court of Judicature Act due to a breakdown in their relationship. The court directed that 50% of the net proceeds be held by the plaintiff's solicitors pending further determination of the parties' equitable interests.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Order for sale granted; 50% of net proceeds held by plaintiff's solicitors pending further orders.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court ordered the sale of a jointly owned property due to a breakdown in the relationship between the plaintiff and defendant.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Neo Hui Ling | Plaintiff | Individual | Order for sale granted | Won | Lisa Sam |
| Ang Ah Sew | Defendant | Individual | Application opposed | Lost | Steven Lee |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lisa Sam | Lisa Sam & Co |
| Steven Lee | Steven Lee, Dason & Partners |
4. Facts
- Plaintiff and defendant are joint tenants of the property.
- Plaintiff purchased the property in September 2007 for $1.88m.
- The relationship between the parties deteriorated.
- An incident occurred on 2 March 2010 involving religious rites.
- Plaintiff moved out of the property on 4 March 2010.
- Plaintiff took out a housing loan of $1.35m to purchase the property.
- Plaintiff could not continue servicing the mortgage installments.
5. Formal Citations
- Neo Hui Ling v Ang Ah Sew, Originating Summons No 488 of 2010, [2010] SGHC 328
6. Timeline
| Date | Event |
|---|---|
| Plaintiff purchased the property. | |
| Plaintiff's marriage. | |
| Religious rites incident occurred. | |
| Plaintiff told defendant she wanted to sell the property. | |
| Plaintiff moved out of the property. | |
| Plaintiff informed defendant to move out by 23 May 2010. | |
| Plaintiff brought action under s 18 of the Supreme Court of Judicature Act. | |
| Defendant filed affidavit opposing the application. | |
| Court granted order for sale. | |
| Decision date. |
7. Legal Issues
- Sale of Jointly Owned Property
- Outcome: The court ordered the sale of the property.
- Category: Substantive
8. Remedies Sought
- Order for Sale of Property
9. Cause of Actions
- Application for Sale of Property
10. Practice Areas
- Real Estate Litigation
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gurnam Kaur d/o Sardara Singh v Harbhajan Singh s/o Jagraj Singh | High Court | Yes | [2004] 4 SLR(R) 420 | Singapore | Cited as an example where the High Court exercised its power to sever a joint tenancy and order the sale of property due to a deteriorated relationship between joint owners. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Joint Tenancy
- Originating Summons
- Equitable Interest
- Mortgage Installments
- Religious Rites
15.2 Keywords
- property
- joint tenancy
- sale
- mortgage
- relationship breakdown
16. Subjects
- Property Dispute
- Joint Ownership
- Real Estate
17. Areas of Law
- Property Law
- Real Estate Law
- Civil Procedure