Suhaidah bte Mohd Noor v Syed Ahmad Jamal Alsagoff: Trust Document Handover Dispute
Suhaidah bte Mohd Noor and Sheik Nawaz bin Mohd Fadel, trustees and executors of Haji Hassan bin Haji Ismail's estate, sought a court order in the High Court of Singapore against Syed Ahmad Jamal Alsagoff, a former trustee, to hand over all documents relating to two settlement trusts. The claim was based on a settlement agreement and the plaintiffs' rights as incoming trustees. The defendant argued that he had already complied with the duty to hand over the documents. George Wei JC dismissed the plaintiffs' application, finding a substantial factual dispute that was not suitable for resolution via originating summons.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs’ application in Originating Summons No 1079 of 2013 dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Trustees sought a court order for a former trustee to hand over trust documents. The application was dismissed due to a factual dispute.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Suhaidah bte Mohd Noor | Plaintiff | Individual | Application Dismissed | Lost | Alfred Dodwell |
| Sheik Nawaz bin Mohd Fadel | Plaintiff | Individual | Application Dismissed | Lost | Alfred Dodwell |
| Syed Ahmad Jamal Alsagoff | Defendant | Individual | Application Dismissed | Won | Nur Rafizah bte Mohamed Abdul Gaffoor |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| George Wei | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Alfred Dodwell | Dodwell & Co LLC |
| Nur Rafizah bte Mohamed Abdul Gaffoor | Selvam LLC |
4. Facts
- Haji Hassan created two settlement trusts in 1992.
- The Defendant was a trustee of the two settlement trusts.
- Haji Hassan and Inche Pungot commenced proceedings against the Defendant in 2010.
- The First Plaintiff was appointed as a new trustee in 2011.
- The Defendant resigned as trustee in 2011 as part of a settlement agreement.
- The Plaintiffs claimed the Defendant did not hand over all trust documents.
- The Defendant claimed he had handed over all trust documents in his possession.
5. Formal Citations
- Suhaidah bte Mohd Noor and another (trustees and executors of the estate of Haji Hassan bin Haji Ismail, deceased) v Syed Ahmad Jamal Alsagoff, Originating Summons No 1079 of 2013, [2014] SGHC 116
6. Timeline
| Date | Event |
|---|---|
| Haji Hassan created two settlement trusts. | |
| Syed Ali's demise. | |
| Haji Hassan and Inche Pungot executed a deed to vary the Second Settlement Trust. | |
| Haji Hassan and Inche Pungot commenced proceedings against the Defendant via Originating Summons No 1064 of 2011. | |
| Steven Chong J appointed the First Plaintiff as a new trustee for the two settlement trusts. | |
| OS 1064/2011 was converted into a writ action, becoming Suit No 300 of 2011. | |
| Inche Pungot passed away. | |
| The Defendant resigned as a trustee for both settlement trusts. | |
| Haji Hassan passed away. | |
| Probate was granted. | |
| Originating Summons No 1079 of 2013 filed. | |
| Hearing on 24 March 2014. | |
| Judgment reserved. |
7. Legal Issues
- Duty to Hand Over Trust Documents
- Outcome: The court found that the Defendant was under an obligation to hand over the documents relating to the two settlement trusts to the Plaintiffs.
- Category: Substantive
- Related Cases:
- [2002] 2 SLR(R) 359
- (1988-1989) 15 NSWLR 348
- [1952] 1 All ER 85
- Proper Originating Procedure
- Outcome: The court held that the proceedings should have been commenced by writ due to the substantial dispute of fact, and declined to allow the proceedings to continue as if commenced by writ.
- Category: Procedural
- Related Cases:
- (1880) 5 QBD 556
- [1971] 1 WLR 138
- [1971] 1 WLR 426
- [1999] 3 SLR(R) 959
- Breach of Settlement Agreement
- Outcome: The court noted that the proper cause of action would most likely be a breach of the Settlement Agreement, which would involve substantial disputes of fact.
- Category: Substantive
8. Remedies Sought
- Court order for the Defendant to hand over all documents relating to the two settlement trusts.
9. Cause of Actions
- Breach of Trust
- Breach of Contract
10. Practice Areas
- Trusts
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Regenthill Properties Pte Ltd v Management Corporation Strata Title Plan No 2192 | Court of Appeal | Yes | [2002] 2 SLR(R) 359 | Singapore | Cited for the principle that outgoing trustees are required to deliver all records, books, and papers belonging to the trust to the new trustee. |
| Wentworth v De Montfort | N/A | Yes | (1988-1989) 15 NSWLR 348 | N/A | Cited in Regenthill Properties for the principle that trust documents and financial records are part and parcel of the trust properties. |
| Tiger v Barclay Banks Ltd | Court of Appeal | Yes | [1952] 1 All ER 85 | England | Discussed the issue of whether a bank, acting as a corporate trustee, had the right to withhold documents relating to the estate from successors in office. Distinguished on the facts. |
| Jones v The Monte Video Gas Company | N/A | Yes | (1880) 5 QBD 556 | N/A | Cited for the principle that disputes of fact are not easily resolved by way of a battle of affidavits and that interrogatories may be a more appropriate procedure. |
| In re 462 Green Lane, Ilford; Gooding v Borland | N/A | Yes | [1971] 1 WLR 138 | N/A | Cited for the principle that the court may decline to allow proceedings to continue as if commenced by writ when the action should not have been commenced by originating summons from the start. Doubted in subsequent decisions. |
| In re Deadman, deceased; Smith v Garland and others | N/A | Yes | [1971] 1 WLR 426 | N/A | Cited as a case that doubted the decision in In re 462 Green Lane, Ilford, emphasizing that the court should not wholly set aside proceedings solely because the wrong originating process was used. |
| Haco Far East Pte Ltd v Ong Heh Lai Francis | Court of Appeal | Yes | [1999] 3 SLR(R) 959 | Singapore | Cited for the principle that the court is entitled to refuse to exercise its discretion under Order 28 rule 8 of the Rules of Court and dismiss the originating summons if it was not the appropriate originating process. |
| Abdul Jalil bin Ahmad bin Talib and others v A Formation Construction Pte Ltd | Court of Appeal | Yes | [2007] 3 SLR(R) 592 | Singapore | Cited for the proposition that a waiver agreement entered into by a former trustee would bind the current trustees in office. |
13. Applicable Rules
| Rule Name |
|---|
| Order 5 Rule 1 of the Rules of Court |
| Order 5 Rule 2 of the Rules of Court |
| Order 5 Rule 3 of the Rules of Court |
| Order 5 Rule 4(2) of the Rules of Court |
| Order 28 Rule 8(1) of the Rules of Court |
| Order 2 Rule 1(3) of the Rules of Court |
| Order 28 Rule 3 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Settlement Trust
- Trust Documents
- Trustee
- Settlement Agreement
- Originating Summons
- Writ Action
- Executors
- Beneficiaries
- Breach of Trust
- Fiduciary Duty
15.2 Keywords
- trust
- trustee
- documents
- settlement
- originating summons
- writ
- Singapore
16. Subjects
- Trusts
- Civil Procedure
- Contract Law
- Settlements
17. Areas of Law
- Trust Law
- Civil Procedure
- Contract Law