Chan Lung Kien v Chan Shwe Ching: Enforcement of Judgment Against Joint Tenancy Interest
In Chan Lung Kien v Chan Shwe Ching, the Singapore High Court addressed whether a judgment for payment of money can be enforced by a writ of seizure and sale against a judgment debtor's interest in immovable property held under a joint tenancy. Chan Lung Kien ('CLK') sought to set aside an order obtained by Chan Shwe Ching ('CSC') for the seizure and sale of a debtor's interest in a property held in joint tenancy. The High Court, presided over by Chua Lee Ming J, allowed CLK's application, holding that a joint tenant's interest cannot be attached and taken in execution under a writ of seizure and sale. The court ordered that the funds held by CSC's solicitors be paid to the trustee in bankruptcy.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Order and writ of seizure and sale set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court held that a judgment for payment cannot be enforced via writ of seizure against a judgment debtor's interest in immovable property held under joint tenancy.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Lung Kien | Plaintiff | Individual | Application Allowed | Won | Chan Wai Kit Darren Dominic, Hirono Eddy |
| Chan Shwe Ching | Defendant | Individual | Order and Writ of Seizure and Sale Set Aside | Lost | Chia Soo Michael, Hany Soh Hui Bin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Wai Kit Darren Dominic | Characterist LLC |
| Hirono Eddy | Characterist LLC |
| Chia Soo Michael | MSC Law Corporation |
| Hany Soh Hui Bin | MSC Law Corporation |
4. Facts
- Defendant obtained summary judgment against the Debtor for $1,430,300 plus interest and costs.
- Plaintiff entered judgment in default of appearance against the Debtor for S$8,465,839 plus interest and costs.
- The Debtor held an interest in the Property with her husband as joint tenants.
- Defendant obtained an order for the Debtor’s interest in the Property to be attached and taken in execution under a writ of seizure and sale.
- Plaintiff also obtained a writ of seizure and sale against the Debtor’s interest in the Property.
- The mortgagee of the Property exercised its rights and sold the Property.
- A bankruptcy order was made against the Debtor.
5. Formal Citations
- Chan Lung Kien v Chan Shwe Ching, Originating Summons No 918 of 2016, [2017] SGHC 136
6. Timeline
| Date | Event |
|---|---|
| Suit 342/2015 commenced by Chan Shwe Ching against Leong Lai Yee. | |
| Suit 494/2015 commenced by Chan Lung Kien against Leong Lai Yee. | |
| Summary judgment obtained by Chan Shwe Ching against Leong Lai Yee in Suit 342/2015. | |
| Judgment in default of appearance entered by Chan Lung Kien against Leong Lai Yee in Suit 494/2015. | |
| Order obtained by Chan Shwe Ching for the Debtor’s interest in the Property to be attached and taken in execution under a writ of seizure and sale. | |
| Writ of seizure and sale obtained by Chan Shwe Ching registered with the Singapore Land Authority. | |
| Lim Eng Soon gave notice of his intention to sever the joint tenancy. | |
| Writ of seizure and sale obtained by Chan Lung Kien against the Debtor’s interest in the Property. | |
| Writ of seizure and sale obtained by Chan Lung Kien registered with the Singapore Land Authority. | |
| Option granted by OCBC exercised by the buyer. | |
| Sale of the Property completed. | |
| Bankruptcy order made against the Debtor. | |
| Hearing date. | |
| Hearing date. | |
| Hearing date. | |
| Hearing date. | |
| Judgment reserved. | |
| Judgment date. |
7. Legal Issues
- Enforceability of Writ of Seizure and Sale Against Joint Tenancy Interest
- Outcome: The court held that a judgment for the payment of money cannot be enforced by way of a writ of seizure and sale against the judgment debtor’s interest in immovable property which is held under a joint tenancy with one or more joint tenants.
- Category: Substantive
- Sub-Issues:
- Whether a joint tenant has a distinct and identifiable interest in land that can be attached under a writ of seizure and sale
- Whether the issuance or registration of a writ of seizure and sale severs a joint tenancy
- Whether a unilateral declaration of intention to sever a joint tenancy is sufficient to effect severance
- Related Cases:
- [2015] 5 SLR 295
- [1998] 3 SLR(R) 1008
- Standing to Set Aside Ex Parte Order
- Outcome: The court held that CLK has locus standi under O 32 r 6 to make the application to set aside the Order.
- Category: Procedural
- Sub-Issues:
- Whether a non-party to proceedings in which an ex parte order was made has the standing to apply to set aside the order.
- Related Cases:
- [2006] 4 SLR(R) 345
- [2000] 2 SLR(R) 729
- [1968-1970] SLR(R) 194
8. Remedies Sought
- Setting aside the Order for seizure and sale.
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
- Real Estate Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chan Shwe Ching v Leong Lai Yee | High Court | Yes | [2015] 5 SLR 295 | Singapore | Discusses the background of the case and the High Court's grounds of decision related to the summary judgment obtained by Chan Shwe Ching against Leong Lai Yee. |
| Karaha Bodas Co LLC v Perusahaan Pertambangan Minyak dan Gas Bumi Negara | Singapore Court of Appeal | Yes | [2006] 4 SLR(R) 345 | Singapore | Cited for the principle that the court's power to set aside an ex parte order is not limited by the identity of the party seeking to set aside the order. |
| Emjay Enterprises Pte Ltd v Thakral Brothers (Pte) Ltd and others | High Court | Yes | [2000] 2 SLR(R) 729 | Singapore | Cited to demonstrate the court's reluctance to deny a third party the right to challenge an ex parte order if its interest has been affected by the order. |
| United Overseas Bank Ltd v Chung Khiaw Bank Ltd | Federal Court | Yes | [1968-1970] SLR(R) 194 | Singapore | Cited as direct authority against CSC, establishing that a person affected by an ex parte order is entitled to set it aside. |
| Malayan Banking Bhd v Focal Finance Ltd | High Court | Yes | [1998] 3 SLR(R) 1008 | Singapore | Central case which the current judgment relies on, holding that a writ of seizure and sale cannot be used to enforce a judgment against a debtor who is one of two or more joint tenants of immovable property. |
| One Investment and Consultancy Limited and another v Cham Poh Meng (DBS Bank Ltd, garnishee) | High Court | Yes | [2016] 5 SLR 923 | Singapore | Cited as expressing agreement with the decision in Malayan Banking. |
| Goh Teh Lee v Lim Li Pheng Maria and others | Singapore Court of Appeal | Yes | [2010] 3 SLR 364 | Singapore | Cited for the definition of joint tenancy and the rights of joint tenants. |
| Sivakolunthu Kumarasamy v Shanmugam Nagaiah and another | Court of Appeal | Yes | [1987] SLR(R) 702 | Singapore | Cited for the modes of severance of a joint tenancy. |
| Williams v Hensman | English Court | Yes | [1861] 1 J & H 546 | England | Cited within Sivakolunthu Kumarasamy v Shanmugam Nagaiah and another for the modes of severance of a joint tenancy. |
| Diaz Priscillia v Diaz Angela | Court of Appeal | Yes | [1997] 3 SLR(R) 759 | Singapore | Discusses the effect of signing and serving an instrument of declaration under s 53(5) of the LTA on the severance of a joint tenancy. |
| Hawkesley v May and Others | Queen's Bench | Yes | [1956] 1 QB 304 | England | Cited for the obiter statement that a declaration of intention to sever by one party includes an act operating on his own share. |
| In re Draper’s Conveyance | Chancery Division | Yes | [1969] 1 Ch 486 | England | Cited as following Hawkesley v May and Others. |
| Nielson-Jones v Fedden and Others | Chancery Division | Yes | [1975] Ch 222 | England | Cited as disagreeing with Hawkesley and Draper’s Conveyance. |
| Burgess v Rawnsley | Court of Appeal | Yes | [1975] Ch 429 | England | Cited for the differing views on whether s 36(2) of the LPA 1925 was declaratory of the law as to severance by notice. |
| Harris and Another v Goddard and Others | Court of Appeal | Yes | [1983] 1 WLR 1203 | England | Cited for the view that before 1925, severance by unilateral action was only possible when one joint tenant disposed of his interest to a third party. |
| Abu Bakar v Jawahir | High Court | Yes | [1993] 1 SLR(R) 865 | Singapore | Cited for the history of the provision regarding the power to partition land and direct a sale instead of partition. |
| United Overseas Bank Ltd v Chia Kin Tuck | High Court | Yes | [2006] 3 SLR(R) 322 | Singapore | Cited for the principle that the general property and interest in the property remains with the debtor until the execution sale takes place. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
| Land Titles Act s 132 | Singapore |
| Land Titles Act s 53(5) | Singapore |
| Land Titles Act s 53(6) | Singapore |
| Land Titles Act s 53(8) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Rules of Court O 32 r 6 | Singapore |
| Rules of Court O 47 r 5(g) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Supreme Court of Judicature Act s 18(2) | Singapore |
| First Schedule para 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Writ of Seizure and Sale
- Joint Tenancy
- Severance
- Ex Parte Order
- Tenant in Common
- Instrument of Declaration
- Locus Standi
15.2 Keywords
- Writ of Seizure and Sale
- Joint Tenancy
- Singapore
- Property Law
- Civil Procedure
- Enforcement of Judgments
16. Subjects
- Civil Procedure
- Property Law
- Debt Recovery
17. Areas of Law
- Civil Procedure
- Land Law
- Enforcement of Judgments
- Joint Tenancy