Chan Yat Chun v Sng Jin Chye: Writ of Seizure and Sale for Tenant-in-Common Interest
In Chan Yat Chun v Sng Jin Chye, the Singapore High Court addressed whether a tenant-in-common's interest in realty is subject to a writ of seizure and sale. The plaintiff, Chan Yat Chun, sought to enforce a consent judgment against the defendant, Sng Jin Chye, by seizing his interest in a condominium held as a tenant-in-common with the second defendant, Zhang Yuzhen. The court allowed the plaintiff's application, holding that the interest of a tenant-in-common is exigible to a writ of seizure and sale.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's application allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court held that a tenant-in-common's interest in property is subject to a writ of seizure and sale. The court allowed the plaintiff's application.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Yat Chun | Plaintiff | Individual | Application allowed | Won | |
| Sng Jin Chye | Defendant | Individual | Application granted against interest in property | Lost | |
| Zhang Yuzhen | Defendant | Individual | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Zhuang WenXiong | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daniel Seow Wei Jin | Allen & Gledhill LLP |
| Joel Lim Junwei | Allen & Gledhill LLP |
4. Facts
- The plaintiff and the first defendant entered into a consent judgment for $300,000.
- The judgment remains unpaid.
- The plaintiff applied for a writ of seizure and sale against the first defendant's interest in a condominium.
- The first defendant and the second defendant hold the property as tenants-in-common in equal shares.
- The property is located at 79 Jurong West Central 3.
5. Formal Citations
- Chan Yat Chun v Sng Jin Chye and another, Suit No 589 of 2015 (Summons No 6228 of 2015), [2016] SGHCR 4
6. Timeline
| Date | Event |
|---|---|
| Suit No 589 of 2015 filed | |
| Consent judgment entered into by plaintiff and first defendant | |
| Summons 6228 of 2015 filed | |
| Hearing | |
| Judgment reserved |
7. Legal Issues
- Exigibility of a Tenant-in-Common's Interest to a Writ of Seizure and Sale
- Outcome: The court held that the interest of a tenant-in-common is exigible to a writ of seizure and sale.
- Category: Substantive
- Related Cases:
- [1998] 3 SLR(R) 1008
- [2015] 5 SLR 295
- Severance of Joint Tenancy
- Outcome: The court did not decide when exactly severance takes place, leaving it to be decided in a future case.
- Category: Substantive
- Related Cases:
- [1932] 2 DLR 793
8. Remedies Sought
- Writ of Seizure and Sale
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
- Enforcement of Judgments
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Malayan Banking Bhd v Focal Finance Ltd | High Court | Yes | [1998] 3 SLR(R) 1008 | Singapore | Distinguished; held that a writ of seizure and sale against immovable property could not be used to enforce a judgment against a debtor who is one of two or more joint tenants. |
| Chan Shwe Ching v Leong Lai Yee | High Court | Yes | [2015] 5 SLR 295 | Singapore | Implicitly held that the interest of a tenant-in-common is exigible to a writ of seizure and sale; declined to follow Malayan Banking. |
| Goh Teh Lee v Lim Li Pheng Maria and others | Unknown | Yes | [2010] 3 SLR 364 | Singapore | Cited for the principle that a tenant-in-common owns a distinct and identifiable interest in land. |
| Lau Siew Kim v Yeo Guan Chye Terence and another | Unknown | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the principle that each tenant-in-common has a separate title and holds a fixed beneficial interest immune from the right of survivorship. |
| Attorney-General v Shadrake Alan | High Court | Yes | [2010] SGHC 327 | Singapore | Cited for the principle that horizontal stare decisis does not prevail in Singapore and the High Court is not bound by its previous decisions. |
| Attorney-General v Chee Soon Juan | Unknown | Yes | [2006] 2 SLR(R) 650 | Singapore | Cited for the principle that an assistant registrar has the same powers and jurisdiction as a judge in chambers. |
| Hughes and Vale Proprietary Ld v State of New South Wales and others | Unknown | Yes | [1955] 1 AC 241 | Unknown | Cited for the principle that the court is not bound by conflicting decisions. |
| Jack Chia-MPH Ltd v Malayan Credit Ltd | Unknown | Yes | [1983-1984] SLR(R) 420 | Singapore | Cited for the principle that a tenancy in common only requires unity of possession. |
| Williams v Hensman | Unknown | Yes | (1861) 1 John & H 546 | England and Wales | Cited for the principle that a joint tenant may unilaterally sever a joint tenancy by an act operating upon his own share. |
| Harman v Glencross | Unknown | Yes | [1986] 2 WLR 637 | England and Wales | Cited as an example of a charging order under s 1 of the Charging Orders Act 1979 (c 53) being applied to the beneficial interest of a joint tenant. |
| Power v Grace | Unknown | Yes | [1932] 2 DLR 793 | Canada | Cited for the position that a judgment creditor needs to take sufficient steps to execute before a severance occurs. |
| Goodman v Gallant | Unknown | Yes | [1986] 2 WLR 236 | England and Wales | Cited for the principle that upon severance, a joint tenant would ordinarily expect to obtain a share equal in size to that of the other joint tenants. |
| Gurnam Kaur d/o Sardara Singh v Harbhajan Singh s/o Jagraj Singh (alias Harbhajan Singh s/o Jogaraj Singh) | Unknown | Yes | [2004] 4 SLR(R) 420 | Singapore | Cited as an example of a joint tenant applying to court for an order that the land be sold. |
13. Applicable Rules
| Rule Name |
|---|
| O 32 r 9 of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| O 47 r 4 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) | Singapore |
| Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) | Singapore |
| Central Provident Fund Act (Cap 36, 2013 Rev Ed) | Singapore |
| Charging Orders Act 1979 (c 53) | England and Wales |
15. Key Terms and Keywords
15.1 Key Terms
- Writ of Seizure and Sale
- Tenant-in-Common
- Joint Tenancy
- Exigible
- Severance
- Unity of Possession
- Unity of Interest
- Realty
15.2 Keywords
- Writ of Seizure and Sale
- Tenant-in-Common
- Joint Tenancy
- Singapore
- Property Law
- Civil Procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Writ of Seizure and Sale | 95 |
| Enforcement of Order | 90 |
| Judgments and Orders | 80 |
| Civil Practice | 75 |
| Joint Tenancy | 60 |
| Tenancy in Common | 60 |
| Property Law | 50 |
| Jurisdiction | 40 |
16. Subjects
- Civil Procedure
- Property Law
- Enforcement of Judgments