Chung Khin Chun K v Yang Yin: Undue Influence & Misappropriation Claim

In the High Court of Singapore, Judith Prakash J presided over the case of Chung Khin Chun K, represented by her deputy Mok Chiu Ling Hedy, against Yang Yin and others. The suit, filed in 2014, involved claims of misappropriation and undue influence. Chung Khin Chun K sought to recover funds allegedly belonging to her that were misappropriated by Yang Yin, who claimed the funds were gifts. The court considered Yang Yin's application to vary an injunction to access funds for legal expenses, ultimately allowing him to surrender insurance policies to cover his legal fees. The court made no order regarding the withdrawal of funds to support the plaintiff.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made allowing Yang Yin to surrender insurance policies to pay for legal fees.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving claims of undue influence and misappropriation against Yang Yin by Chung Khin Chun K, concerning assets and gifts.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
CHUNG KHIN CHUN KPlaintiffIndividualOrders variedPartial
YANG YINDefendantIndividualApplication granted in partPartial
WENG YANDANDefendantIndividualUnknownNeutral
YANG SANNANDefendantIndividualUnknownNeutral
HE XIANGLANDefendantIndividualUnknownNeutral
ONG GEK LIEDefendantIndividualUnknownNeutral

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Andrew LeeSelvam LLC
Peter DoraisamySelvam LLC
Joseph LiowStraits Law Practice LLC
Daniel ZhuStraits Law Practice LLC

4. Facts

  1. Plaintiff sought to recover money from Defendant, alleging misappropriation.
  2. Defendant claimed the money was an outright gift from Plaintiff.
  3. Plaintiff had made Defendant an authorized signatory to her bank account.
  4. Plaintiff transferred money to Defendant's account in December 2010.
  5. Defendant purchased insurance policies with funds originating from Plaintiff.
  6. Plaintiff revoked the Lasting Power of Attorney granted to Defendant.
  7. Defendant was facing criminal charges and his bail application was denied.

5. Formal Citations

  1. Chung Khin Chun K (by her deputy Mok Chiu Ling Hedy) v Yang Yin and others, Suit No 839 of 2014, [2015] SGHC 215

6. Timeline

DateEvent
Order of Court obtained from the State Courts appointing Mok Chiu Ling Hedy as deputy
Injunction made against Yang Yin
Yang Yin filed Disclosure Affidavit
Painting seized by the Commercial Affairs Department
ASP Lim ordered Great Eastern Holdings Ltd not to allow any dealings in the Policies
Family Court ruled that Chung Khin Chun K possessed the necessary mental capacity to revoke the Lasting Power of Attorney
Yang Yin filed Summons No 158 of 2015
Summons No 158 of 2015 heard
Yang Yin filed further affidavit
Yang Yin filed Summons No 1424 of 2015
Hearing for Summons No 158 and Summons No 1424 of 2015
13 April Order made
Plaintiff's solicitors requested to make further arguments
CAD letter stating disposal of or dealing in the Policies had been prohibited
ASP Lim affirmed an affidavit on behalf of the CAD
Hearing of further arguments
Decision Date

7. Legal Issues

  1. Misappropriation
    • Outcome: Claim made by plaintiff that defendant misappropriated funds.
    • Category: Substantive
  2. Undue Influence
    • Outcome: Plaintiff asserted that the defendant exerted undue influence to procure transfer of money.
    • Category: Substantive
  3. Access to Funds for Legal Expenses
    • Outcome: Court allowed the defendant to surrender insurance policies to pay for legal fees.
    • Category: Procedural
    • Related Cases:
      • [1997] EWCA Civ 2953
      • [1996] 2 All ER 171
  4. Gifts
    • Outcome: Defendant claimed that the funds were given to him as a gift.
    • Category: Substantive

8. Remedies Sought

  1. Recovery of Money
  2. Revocation of Will

9. Cause of Actions

  • Misappropriation
  • Undue Influence

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Finance
  • Insurance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ostrich Farming Corporation Ltd v Ketchell and anotherEnglish Court of AppealYes[1997] EWCA Civ 2953England and WalesCited as authority for the two-step test that a defendant has to satisfy when asking to have access to money to which the plaintiff has a proprietary claim.
Fitzgerald v WilliamsN/AYes[1996] 2 All ER 171N/ACited for principles enunciated by Bingham MR regarding access to funds when a proprietary claim exists.
Public Prosecutor v Yang YinHigh CourtYes[2015] SGHC 3SingaporeCited regarding observations made by the Chief Justice in the context of a bail application.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 35 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 35(1) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 35(7) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 370(1) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
Mental Capacity Act (Cap 177A, 2010 Rev Ed)Singapore
s 23(1)(i) of the Mental Capacity Act (Cap 177A, 2010 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Mareva injunction
  • Disclosure Affidavit
  • Undue influence
  • Misappropriation
  • Gifts
  • Beneficial ownership
  • Legal fees
  • Insurance policies

15.2 Keywords

  • Undue influence
  • Misappropriation
  • Injunction
  • Gifts
  • Trust
  • Legal fees

17. Areas of Law

Area NameRelevance Score
Trust Law70
Undue Influence65
Chancery and Equity60
Mental Capacity Law60
Asset Protection50
Elder Law50
Civil Procedure40
Wills and Probate40
Litigation40
Succession Law30
Criminal Law30
Family Law30
Property Law30
Contract Law30
Administrative Law30
Constitutional Law20
Banking and Finance20
Personal Injury20
Corporate Law20

16. Subjects

  • Trusts
  • Equity
  • Civil Litigation
  • Gifts