Re Kornrat Sriponnok: Presumption of Death Application
Ho Kum Kok applied to the High Court of Singapore on 30 March 2015 for a declaration that Kornrat Sriponnok be presumed dead, to claim funds from the Central Provident Fund account of his deceased brother, Ho Kum Yuen, who was married to Kornrat. The application was dismissed by Justice Choo Han Teck due to insufficient evidence that Kornrat had not been heard from in seven years by those who would naturally have heard from her.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for declaration of presumed death of Kornrat Sriponnok is dismissed due to insufficient evidence. Applicant failed to prove death.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Re Kornrat Sriponnok | Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jason Peter Dendroff | J P Dendroff & Co |
4. Facts
- Ho Kum Kok applied for a declaration that Kornrat Sriponnok be presumed dead.
- Ho Kum Yuen, the applicant's brother, married Kornrat on 18 October 2001.
- Ho Kum Yuen died on 6 February 2012, leaving money in his Central Provident Fund account.
- Ho Kum Yuen did not nominate a beneficiary for his Central Provident Fund account.
- Ho Kum Yuen and Kornrat did not stay together after marriage and last met in May 2002.
- Ho Kum Yuen lodged a police report on 2 May 2004 stating he had no contact with Kornrat.
- The applicant placed a newspaper advertisement in a Thai local newspaper more than ten years after Kornrat's disappearance.
5. Formal Citations
- Re Kornrat Sriponnok, Originating Summons No 842 of 2014, [2015] SGHC 81
6. Timeline
| Date | Event |
|---|---|
| Ho Kum Yuen married Kornrat Sriponnok | |
| Ho Kum Yuen and Kornrat Sriponnok last met | |
| Ho Kum Yuen lodged a police report | |
| Ho Kum Yuen died | |
| Originating Summons No 842 of 2014 filed | |
| Judgment reserved |
7. Legal Issues
- Presumption of Death
- Outcome: The court held that the applicant failed to meet the burden of proof to invoke the presumption of death under s 110 of the Evidence Act.
- Category: Substantive
- Related Cases:
- [2011] 1 SLR 103
8. Remedies Sought
- Declaration that Kornrat Sriponnok be presumed dead
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Procedure
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Soo Ngak Hee | High Court | Yes | [2011] 1 SLR 103 | Singapore | Cited to define who would naturally have heard from the alleged dead person. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) s 110 | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 109 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Presumption of death
- Evidence Act
- Burden of proof
- Central Provident Fund
- Ex parte application
15.2 Keywords
- presumption of death
- evidence
- family
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Presumption of Death | 80 |
| Evidence | 75 |
| Family Law | 40 |
| Wills and Probate | 30 |
16. Subjects
- Civil Procedure
- Evidence
- Family Law