Hong Alvin v Chia Quee Khee: Striking Out Claim, Wills Act, Trust, Locus Standi
In Hong Alvin v Chia Quee Khee, the High Court of Singapore heard an appeal by Alvin Hong against the dismissal of his application to strike out Chia Quee Khee's claim. Chia, as an executor and trustee of the will of the deceased Peter Fong, alleged that Hong should be removed as a director of the Fong Foundation. The court allowed the appeal, finding that Chia had no reasonable cause of action and lacked locus standi to bring the claim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal to strike out claim against Alvin Hong. The court found no reasonable cause of action and no locus standi for Chia Quee Khee.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hong Alvin | Appellant, Defendant | Individual | Appeal Allowed | Won | Lee Eng Beng, Lynette Koh |
| Chia Quee Khee | Respondent | Individual | Claim Dismissed | Lost | Ang Cheng Hock, Jason Chan |
| Linda Kao | Defendant | Individual | Neutral | Neutral | |
| Evelyn Ho | Defendant | Individual | Neutral | Neutral | |
| Fong Foundation Ltd | Defendant | Corporation | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Eng Beng | Rajah & Tann LLP |
| Lynette Koh | Rajah & Tann LLP |
| Ang Cheng Hock | Allen & Gledhill LLP |
| Jason Chan | Allen & Gledhill LLP |
| Christopher Daniel | Advocatus Law LLP |
| B Ganeshamoorthy | Cornerstone Law LLP |
4. Facts
- The Respondent, Chia Quee Khee, is an executor and trustee of the will of the deceased, Peter Fong.
- The Appellant, Alvin Hong, is a medical doctor and a nephew of the Testator.
- The Testator transferred 5,100,000 shares in Airtrust (Singapore) Ltd to the Fong Foundation Ltd.
- The Respondent claimed the shares were transferred on trust for the purpose of controlling Airtrust.
- The Respondent sought an order to remove the Appellant as a director of the Fong Foundation.
- The Appellant applied to strike out the Statement of Claim.
- The Testator incorporated Fong Foundation on 13 May 2000, some 7 years before he was diagnosed with cancer in 2007.
5. Formal Citations
- Hong Alvin v Chia Quee Khee, Suit No 423 of 2010 (Registrar's Appeal No 1 of 2011), [2011] SGHC 249
6. Timeline
| Date | Event |
|---|---|
| Fong Foundation Ltd incorporated | |
| Testator transferred Airtrust shares to Fong Foundation | |
| Carolyn Fong appointed as a director of Fong Foundation | |
| Testator's last will made | |
| Testator diagnosed with cancer (sometime in 2007) | |
| Codicil to will made | |
| Testator passed away | |
| Originating Summons No 505 of 2010 taken out by Carolyn | |
| Notice given to shareholders of Airtrust for EGM | |
| Suit No 423 of 2010 commenced by the Respondent | |
| Linda commenced Suit No 428 of 2010 | |
| Carolyn launched Suit No 510 of 2010 | |
| Judgment handed down in OS 505 | |
| Court of Appeal dismissed appeals against the decision of Prakash J | |
| Judgment reserved |
7. Legal Issues
- Locus Standi
- Outcome: The court held that the Respondent lacked locus standi to bring the claim.
- Category: Procedural
- Related Cases:
- [1988] 1 WLR 190
- [1988] 3 WLR 513
- Validity of Trust
- Outcome: The court found that there was no valid trust as alleged by the Respondent.
- Category: Substantive
- Interpretation of Will
- Outcome: The court interpreted the will and found that it did not require the Appellant to be removed as a director of the Fong Foundation.
- Category: Substantive
- Related Cases:
- [2009] 3 SLR(R) 1079
- Striking Out Claim
- Outcome: The court allowed the appeal and struck out the Respondent's Statement of Claim.
- Category: Procedural
- Related Cases:
- [1997] 3 SLR(R) 649
8. Remedies Sought
- Order for Appellant to carry out duties as executors and/or trustees
- Order for Appellant to be removed as a director of the Fong Foundation
- Declaration that the Fong Foundation had breached the trust terms
- Order for the Respondent to be appointed as a director of Fong Foundation
9. Cause of Actions
- Breach of Trust
10. Practice Areas
- Estate Planning
- Trust Litigation
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gabriel Peter & Partners (suing as a firm) v Wee Chong Jin and others | High Court | Yes | [1997] 3 SLR(R) 649 | Singapore | Cited for the principle that a claim should only be struck out if it is obviously unsustainable and the pleadings are unarguably bad. |
| Metropolitan Bank Ltd & Anor v Pooley | House of Lords | Yes | (1885) 10 App Cas 210 | United Kingdom | Cited for the principle that a stay or dismissal of proceedings may be required by the very essence of justice. |
| Karpal Singh v Sultan of Selangor | Supreme Court | No | [1988] 1 MLJ 64 | Malaysia | Cited for the proposition that locus standi can be determined by asking whether the plaintiff has a cause of action. |
| Abdul Razak Ahmad v Majlis Bandaraya Johor Bahru | High Court | No | [1995] 2 MLJ 287 | Malaysia | Cited for the proposition that a plaintiff lacks locus standi if they fail to show infringement of their private right or special damage over and above their public rights. |
| Phillip Morris Products Inc v Power Circle Sdn Bhd and others | High Court | Yes | [1999] 1 SLR(R) 964 | Singapore | Cited for the definition of a cause of action. |
| Standard Chartered Bank v Loh Chong Yong Thomas | Court of Appeal | Yes | [2010] 2 SLR 569 | Singapore | Cited for the principle that the court can look beyond the pleadings to determine locus standi, especially in cases of bankruptcy. |
| Parallel Media Group Plc & Anor v Asia PGA Bhd & Ors | High Court | Yes | [2004] 6 MLJ 1 | Malaysia | Cited for the principle that the court can take into account affidavit evidence despite rules against it, in the interest of justice. |
| Ronex Properties Ltd v John Laing Construction Ltd & Ors | Queen's Bench Division | Yes | [1983] QB 398 | United Kingdom | Cited for the principle that striking out a claim is appropriate when there is an immediately destructive answer to the claim. |
| Riches v Director of Public Prosecutions | Court of Appeal | Yes | [1973] 1 WLR 1019 | United Kingdom | Cited for the principle that a case should not proceed if it is clear that the cause of action is statute-barred and there are no exceptions. |
| Re Newman | Chancery Division | Yes | [1930]2 Ch 417 | United Kingdom | Cited for the principle of ademption. |
| Bradshaw v University College of Wales | High Court | Yes | [1988] 1 WLR 190 | United Kingdom | Cited for the principle that a settlor lacks locus standi to enforce a trust that he has settled. |
| In re Hampton Fuel Allotment Charity | Court of Appeal | Yes | [1988] 3 WLR 513 | United Kingdom | Cited for affirming the principle that a settlor lacks locus standi to enforce a trust that he has settled. |
| Rajabali Jumabhoy v Ameerali R Jumabhoy | Court of Appeal | No | [1997] 2 SLR(R) 296 | Singapore | Cited for the proposition that the Testator retained the beneficial interest in the AT shares which were transferred to the Fong Foundation. |
| Ching Mun Fong v Liu Cho Chit | Court of Appeal | No | [2000] 1 SLR(R) 53 | Singapore | Cited for the practice of allowing defective statements of claim to be amended rather than struck out. |
| Low Ah Cheow v Ng Hock Guan | High Court | No | [2009] 3 SLR(R) 1079 | Singapore | Cited for the principle that extrinsic evidence is admissible to resolve ambiguity in a will. |
| Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design & Construction Pte Ltd | Court of Appeal | No | [2008] 3 SLR(R) 1029 | Singapore | Cited for the principle that extrinsic evidence is admissible to resolve ambiguity in a will. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Wills Act (Cap 352, 1996 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Limitation Act (Cap 163 1996 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1990 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Trust
- Will
- Locus Standi
- Fong Foundation
- Airtrust
- Director
- Executor
- Trustee
- Gift
- Ademption
15.2 Keywords
- trust
- will
- locus standi
- fong foundation
- airtrust
- director
- executor
- trustee
- gift
- ademption
16. Subjects
- Trusts
- Wills
- Civil Procedure
- Charitable Trusts
17. Areas of Law
- Trust Law
- Wills and Probate
- Civil Procedure