Foo Jee Boo v Foo Jee Seng: Resulting Trusts, Sale of Land Under Court Order, and Equitable Accounting

In Foo Jee Boo v Foo Jee Seng, the High Court of Singapore addressed a dispute between two brothers, Foo Jee Boo and Foo Jee Seng, regarding the beneficial interests in a property. Foo Jee Boo sought a court order for the property's sale and apportionment of the proceeds according to their legal interests (44% and 56%, respectively). Foo Jee Seng claimed a 93.4% beneficial interest. The court determined that the beneficial interests matched the legal interests, ordering the property's sale with proceeds divided accordingly, subject to equitable accounting to reimburse Foo Jee Seng for excess mortgage payments.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiff; Property to be sold with proceeds divided 44% to Plaintiff and 56% to Defendant, subject to equitable accounting.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court determined the beneficial interests in a property dispute between brothers, ordering its sale and apportionment of proceeds based on legal interests.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Foo Jee BooPlaintiffIndividualJudgment for PlaintiffWonFoo Jee Boo
Foo Jee SengDefendantIndividualPartialPartialFoo Jee Seng

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Foo Jee BooIndependent Practitioner
Foo Jee SengIndependent Practitioner

4. Facts

  1. Plaintiff and Defendant are brothers with legal interests in the Property as tenants in common (44% and 56% respectively).
  2. Plaintiff sought an order for the Property to be sold and proceeds apportioned according to legal interests.
  3. Defendant claimed a 93.4% beneficial interest in the Property.
  4. The Property was purchased for $685,900 with a loan of $160,000.
  5. A table prepared before registration of interests showed how the 44:56 ratio was derived.
  6. The court found that the parties intended to acquire the property in the registered shares.
  7. Defendant made significantly more loan repayments than initially contemplated.

5. Formal Citations

  1. Foo Jee Boo v Foo Jee Seng, Originating Summons No 803 of 2015, [2016] SGHC 225

6. Timeline

DateEvent
Option to purchase initially obtained
Purchase of the Property was completed
Interests were registered
Loan was re-financed by Hong Leong Finance
Plaintiff stopped Loan repayments
Defendant started funding the monthly repayments
Originating Summons No 803 of 2015 filed
Hearing date
Hearing date
Hearing date and oral judgment delivered
Grounds of decision issued

7. Legal Issues

  1. Beneficial Interest in Property
    • Outcome: The court held that the beneficial interests matched the legal interests, with the Plaintiff having 44% and the Defendant 56%.
    • Category: Substantive
    • Related Cases:
      • [2016] 3 SLR 1222
  2. Resulting Trust
    • Outcome: The court considered the principles of resulting trust but found that the parties' intentions at the time of purchase indicated that the legal interests reflected the beneficial interests.
    • Category: Substantive
    • Related Cases:
      • [2016] 3 SLR 1222
  3. Equitable Accounting
    • Outcome: The court ordered equitable accounting to reimburse the Defendant for mortgage payments made in excess of his agreed share.
    • Category: Remedial
    • Related Cases:
      • [2016] 3 SLR 1222

8. Remedies Sought

  1. Order for Sale of Property
  2. Apportionment of Sale Proceeds
  3. Equitable Accounting

9. Cause of Actions

  • Determination of Beneficial Interest in Property
  • Sale of Property

10. Practice Areas

  • Property Law
  • Trusts Law
  • Civil Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Su Emmanuel v Emmanuel Priya Ethel AnneCourt of AppealYes[2016] 3 SLR 1222SingaporeCited for the principles on resulting trusts and how mortgage repayments should be treated in determining beneficial interests.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Beneficial Interest
  • Resulting Trust
  • Equitable Accounting
  • Tenants in Common
  • Mortgage Repayments
  • Legal Interest
  • Apportionment of Proceeds
  • Common Understanding

15.2 Keywords

  • property
  • trust
  • sale
  • mortgage
  • accounting
  • beneficial interest
  • legal interest

16. Subjects

  • Property Law
  • Trusts
  • Equity
  • Real Estate
  • Land Dispute

17. Areas of Law

  • Trusts
  • Resulting Trusts
  • Equity
  • Remedies
  • Equitable Accounting
  • Land Law
  • Sale of Land