Quek Hung Heong v Tan Bee Hoon: Resulting Trust, Constructive Trust, Proprietary Estoppel & Property Rights
In Quek Hung Heong v Tan Bee Hoon, the High Court of Singapore dismissed Quek Hung Heong's claim against Tan Bee Hoon (executrix for the estate of Quek Cher Choi) and others, seeking the entire beneficial interest in a property based on a resulting trust, constructive trust, or proprietary estoppel. The court found that Quek Hung Heong failed to establish the factual elements necessary for his claim on any of the legal bases presented. The court also considered the doctrine of laches and found it would have been unconscionable to allow the claim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's action dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Quek Hung Heong's claim for entire beneficial interest in property based on resulting trust, constructive trust, or proprietary estoppel dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Quek Hung Heong | Plaintiff | Individual | Claim Dismissed | Lost | Burton Chen, Han Kee Fong, Millie Yeo |
| Tan Bee Hoon (executrix for estate of Quek Cher Choi, deceased) | Defendant | Individual | Judgment for Defendant | Won | Hee Theng Fong, Clare Lin |
| Quek Yang Eng | Defendant | Individual | Consent Judgment | Consent | |
| Estate of Quek Cher Choi | Defendant | Trust | Judgment for Defendant | Won | Hee Theng Fong, Clare Lin |
| Estate of Heng Sai Kee | Defendant | Trust | Judgment for Defendant | Won | Hee Theng Fong, Clare Lin |
| Estate of Kwek Hann Song | Defendant | Trust | Judgment for Defendant | Won | Johnson Loo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vinodh Coomaraswamy | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Burton Chen | Tan Rajah & Cheah LLP |
| Han Kee Fong | Tan Rajah & Cheah LLP |
| Millie Yeo | Tan Rajah & Cheah LLP |
| Hee Theng Fong | RHTLaw Taylor Wessing LLP |
| Clare Lin | RHTLaw Taylor Wessing LLP |
| Johnson Loo | Drew & Napier LLC |
4. Facts
- The plaintiff claimed the entire beneficial interest in the Property based on a family arrangement.
- The Property was conveyed to five family members as tenants in common in equal shares in 1966.
- The plaintiff resided in the Property from 1966 until the present.
- The plaintiff alleged that the father agreed to finance the purchase of the Property with a loan.
- The plaintiff claimed to have repaid the loan in full.
- The relationship between the plaintiff and his brother deteriorated over time.
- The father and mother executed wills devising their shares in the Property to the brother's sons.
5. Formal Citations
- Quek Hung Heong v Tan Bee Hoon (executrix for estate of Quek Cher Choi, deceased) and others and another suit, Suit No 722 of 2011 consolidated with Suit No 24 of 2012, [2014] SGHC 17
6. Timeline
| Date | Event |
|---|---|
| Chin Thye Chiang Limited incorporated. | |
| Preliminary agreement for the Property executed. | |
| Sale and purchase agreement for the Property executed. | |
| Vendor signed the conveyance of the Property. | |
| Three family members signed the conveyance. | |
| Remaining two family members signed the conveyance. | |
| Conveyance registered. | |
| Plaintiff made payments to father and brother. | |
| Plaintiff and brother opened overdraft account. | |
| Serious altercations between plaintiff and brother. | |
| Serious altercations between plaintiff and brother. | |
| Letter before action from Donaldson & Burkinshaw received. | |
| Letter before action from Drew & Napier received. | |
| Father and mother executed wills. | |
| Bank's solicitors demanded repayment of overdraft. | |
| Plaintiff paid outstanding sum to the bank. | |
| Mother signed acknowledgment. | |
| Plaintiff took mother to lawyer to draw up a will. | |
| Father passed away. | |
| Mother passed away. | |
| Plaintiff adjudicated bankrupt. | |
| Plaintiff discharged from bankruptcy. | |
| Brother passed away. | |
| Plaintiff's solicitors wrote to Mdm Tan Bee Hoon. | |
| Plaintiff commenced Suit 722 of 2011. | |
| Plaintiff commenced Suit 24 of 2012. | |
| Suits 722 and 24 were consolidated. | |
| Sister consented to judgment against her. | |
| Judgment reserved. |
7. Legal Issues
- Resulting Trust
- Outcome: The court found that the plaintiff failed to establish the elements necessary for a resulting trust.
- Category: Substantive
- Related Cases:
- [2008] 2 SLR(R) 108
- Constructive Trust
- Outcome: The court found that the plaintiff failed to establish the elements necessary for a constructive trust.
- Category: Substantive
- Proprietary Estoppel
- Outcome: The court found that the plaintiff failed to establish the elements necessary for proprietary estoppel.
- Category: Substantive
- Laches
- Outcome: The court found that it would have been unconscionable to allow the claimant to pursue his claim due to laches.
- Category: Procedural
- Related Cases:
- [2007] 2 SLR(R) 417
8. Remedies Sought
- Declaration that each defendant holds their share on trust for the plaintiff
- Order that each defendant transfer their share to the plaintiff
9. Cause of Actions
- Resulting Trust
- Constructive Trust
- Proprietary Estoppel
10. Practice Areas
- Commercial Litigation
- Trust Litigation
- Property Disputes
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Weipin and another v Lim Boh Chuan and others | N/A | Yes | [2010] 3 SLR 423 | Singapore | Cited regarding the burden of proof. |
| Westdeutsche Landesbank Girozentrale v Islington London Borough Council | N/A | Yes | [1996] 1 AC 669 | N/A | Cited for the principle that equitable interests are not immanent in property. |
| Cowcher v Cowcher | N/A | Yes | [1972] 1 WLR 425 | N/A | Cited for the principle that a purchase money resulting trust can arise in favour of A where A contributes to the repayment of a loan taken out to finance the purchase of that property. |
| Lau Siew Kim v Yeo Guan Chye Terence and another | N/A | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the principle that a resulting trust arises at the point where the property is acquired. |
| Re Estate of Tan Kow Quee (alias Tan Kow Kwee) | N/A | Yes | [2007] 2 SLR(R) 417 | Singapore | Cited for a comprehensive analysis of the doctrine of laches. |
| Williams v Greatrex | N/A | Yes | [1957] 1 WLR 31 | N/A | Cited regarding the doctrine of laches and its application when a contract is substantially executed. |
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
- Resulting trust
- Constructive trust
- Proprietary estoppel
- Family arrangement
- Tenants in common
- Laches
- Beneficial interest
- Overdraft
- Mortgage
15.2 Keywords
- Trust
- Property
- Equity
- Laches
- Singapore
- High Court
16. Subjects
- Trusts
- Property
- Equity
- Laches
17. Areas of Law
- Trust Law
- Property Law
- Equity
- Civil Procedure