Lim Geok Swan v Lim Shook Luan: Resulting Trust & Property Distribution
In Lim Geok Swan v Lim Shook Luan, the High Court of Singapore addressed a dispute between a mother, Lim Geok Swan, and her daughter, Lim Shook Luan, regarding the distribution of proceeds from the en-bloc sale of a Housing and Urban Development Corporation (HUDC) property. The property was purchased jointly in 1991. The mother claimed a half share based on an alleged oral agreement, while the daughter denied the agreement. Judith Prakash J found no such agreement existed and determined that a resulting trust applied, awarding the mother 10% of the net sale proceeds based on her direct financial contributions to the property's purchase.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mother-daughter dispute over proceeds from en-bloc sale of property. Court found a resulting trust existed, awarding mother 10% of proceeds.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Geok Swan | Plaintiff | Individual | Judgment for the Plaintiff | Partial | Sim Yong Chan, Sangeeta Kumar |
| Lim Shook Luan | Defendant | Individual | Judgment against the Defendant | Lost | Johnny Cheo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sim Yong Chan | Arthur Loke & Sim LLP |
| Sangeeta Kumar | Arthur Loke & Sim LLP |
| Johnny Cheo | Cheo Yeoh & Associates LLC |
4. Facts
- Plaintiff and defendant purchased the property as joint tenants in 1991.
- The property was sold en-bloc in 2007.
- Plaintiff claimed a half share of the sale proceeds based on an oral agreement.
- Defendant denied the existence of the oral agreement.
- Defendant contributed a larger share of the purchase price.
- The property was a HUDC maisonette.
5. Formal Citations
- Lim Geok Swan v Lim Shook Luan, S 898 of 2010, [2012] SGHC 18
6. Timeline
| Date | Event |
|---|---|
| Property purchased | |
| Property privatised | |
| Property sold en-bloc | |
| Plaintiff took loan from Mr. Png | |
| Lawsuit filed | |
| Judgment reserved |
7. Legal Issues
- Resulting Trust
- Outcome: The court found that a resulting trust existed due to unequal contributions to the purchase price, and the presumption was not rebutted.
- Category: Substantive
- Sub-Issues:
- Unequal contribution to purchase price
- Rebuttal of presumption of resulting trust
- Related Cases:
- [2008] 2 SLR(R) 108
- [1996] AC 669
- Oral Agreement
- Outcome: The court found that the plaintiff failed to prove the existence of the alleged oral agreement.
- Category: Substantive
- Sub-Issues:
- Proof of agreement
- Credibility of witnesses
8. Remedies Sought
- Declaration of half share in sale proceeds
- Payment of sale proceeds
9. Cause of Actions
- Claim for declaration of beneficial interest in property
- Claim for payment of sale proceeds
10. Practice Areas
- Civil Litigation
- Real Estate Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lau Siew Kim v Yeo Guan Chye Terence and another | Court of Appeal | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited as the authority on the law relating to presumed intention resulting trusts. |
| Westdeutsche Landesbank Girozentrale v Islington London Borough Council | House of Lords | Yes | [1996] AC 669 | England and Wales | Cited for the principle of presumed intention resulting trust where A makes a voluntary payment to B. |
| Gurnam Kaur d/o Sardora Singh v Harbhajan Singh s/o Jagraj Singh | High Court | Yes | [2004] 4 SLR(R) 420 | Singapore | Cited for the principle that indirect expenses incurred in relation to the occupation of property cannot be counted as part of the plaintiff’s contribution. |
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
- En-bloc sale
- Resulting trust
- Joint tenancy
- HUDC
- Beneficial interest
- Purchase price
- Oral agreement
15.2 Keywords
- Property
- Trust
- Sale Proceeds
- En-bloc
- Singapore
- HUDC
- Resulting Trust
16. Subjects
- Trusts
- Real Property
- Equity
17. Areas of Law
- Trust Law
- Property Law
- Resulting Trust