Pereira v. Faridah: Resulting & Constructive Trusts in Property Dispute

In Pereira Dennis John Sunny v Faridah bte V Abdul Latiff, the High Court of Singapore addressed a dispute over the beneficial ownership of four properties jointly owned by Pereira Dennis John Sunny (Plaintiff) and Faridah bte V Abdul Latiff (Defendant). The Plaintiff sought a declaration of his proportionate beneficial interest in the properties, commensurate with his financial contributions. The court determined the parties' respective shares based on principles of resulting and constructive trusts, finding in favor of the Plaintiff for some properties and joint ownership for others. The court also dismissed the Plaintiff's claim for losses due to the Defendant's refusal to sign refinancing documents.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiff in part; declaration of beneficial ownership made.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court determines beneficial ownership of properties between estranged couple, addressing resulting and constructive trust claims.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Pereira, Dennis John SunnyPlaintiffIndividualPartial JudgmentPartial
Faridah bte V Abdul LatiffDefendantIndividualPartial JudgmentPartial

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Chong Xin YiIgnatius J & Associates
Ignatius JosephIgnatius J & Associates
Mohammed Shakirin bin Abdul RashidAbdul Rahman Law Corporation
Abdul Rahman Bin Mohd HanipahAbdul Rahman Law Corporation

4. Facts

  1. The Plaintiff and Defendant were married under Syariah law on 28 December 1995.
  2. The Plaintiff was the primary breadwinner, earning income through his business and rental proceeds.
  3. The Defendant worked as a freelance aerobics instructor before becoming a full-time homemaker.
  4. The Parties purchased several properties in their joint names throughout their marriage.
  5. The dispute concerns four properties: Changi Court, Toh Crescent, Aston Residence, and Queen’s Road HDB.
  6. The Defendant contributed $7,700 from her CPF towards the Changi Court property.
  7. The Plaintiff claims he is the sole contributor to all payments for the disputed properties.

5. Formal Citations

  1. Pereira Dennis John Sunny v Faridah bte V Abdul Latiff, Suit No 37 of 2016, [2017] SGHC 167

6. Timeline

DateEvent
Defendant sold her 3-room HDB flat.
Parties' marriage was solemnised under Syariah law.
Parties purchased Riverria condominium.
Plaintiff’s business was incorporated and registered.
Defendant sold her 3 ½-room flat.
Defendant stopped working.
Plaintiff sold his Jurong mansionette.
Parties purchased Petrie condominium.
Parties purchased the Changi Court property.
Parties purchased the Toh Crescent property.
Plaintiff purchased One KL Condominium under joint names with son.
Parties purchased the Aston Residence.
Parties purchased the Changi Rise condominium.
Parties purchased the Kovan condominium.
Parties sold the Kovan condominium.
Parties purchased the Queen’s Road HDB.
Parties sold the Changi Rise condominium.
Present suit commenced.
Aston Residence sold to a third party.
Trial began.
Parties were granted a divorce by the Singapore Syariah Court.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Resulting Trust
    • Outcome: The court applied the presumption of resulting trust to determine the beneficial ownership of the properties based on financial contributions.
    • Category: Substantive
    • Related Cases:
      • [2008] 2 SLR(R) 108
      • [2014] 3 SLR 1048
      • [2012] 2 SLR 831
      • [2016] 3 SLR 1222
      • [2017] 1 SLR 654
  2. Constructive Trust
    • Outcome: The court found no sufficient evidence of a common intention to establish a constructive trust.
    • Category: Substantive
    • Related Cases:
      • [2014] 3 SLR 1048
      • [2016] 3 SLR 1222
  3. Presumption of Advancement
    • Outcome: The court considered the presumption of advancement in the context of a spousal relationship and determined whether it was rebutted by the evidence.
    • Category: Substantive
    • Related Cases:
      • [2008] 2 SLR(R) 108
  4. Breach of Trustee Duties
    • Outcome: The court dismissed the Plaintiff's claim for losses arising from the Defendant's refusal to sign refinancing documents, finding no causal link between the alleged breach and the losses.
    • Category: Substantive
    • Related Cases:
      • [2017] 1 SLR 654
  5. Matrimonial Jurisdiction
    • Outcome: The court clarified that the suit was not an exercise of matrimonial jurisdiction and that the determination of beneficial ownership was separate from the division of matrimonial assets in Syariah Court.
    • Category: Jurisdictional

8. Remedies Sought

  1. Declaration of Beneficial Interest
  2. Transfer of Property
  3. Damages

9. Cause of Actions

  • Determination of Beneficial Ownership
  • Breach of Trust

10. Practice Areas

  • Civil Litigation
  • Trust Litigation
  • Property Disputes
  • Family Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lau Siew Kim v Yeo Guan Chye TerenceCourt of AppealYes[2008] 2 SLR(R) 108SingaporeCited for principles regarding the determination of property rights of spouses and the application of resulting trusts.
Chan Yuen Lan v See Fong MunCourt of AppealYes[2014] 3 SLR 1048SingaporeCited for the structured approach to determining beneficial interest in properties and the analysis of resulting and constructive trusts.
Neo Hui Ling v Ang Ah SewUnknownYes[2012] 2 SLR 831SingaporeCited for the principle that legal joint tenants who have contributed unequally to the purchase price of the property will be presumed to beneficially own a share of the property proportionate to their respective contributions to its purchase price.
Su Emmanuel v Emmanuel Priya Ethel Anne and anotherCourt of AppealYes[2016] 3 SLR 1222SingaporeCited for the principle that subsequent mortgage payments cannot be taken into account in a resulting trust analysis unless they are referable to a prior agreement.
Tan Yok Koon v Tan Choo Suan and another and other appealsCourt of AppealYes[2017] 1 SLR 654SingaporeCited for the relevance of loan repayments in a resulting trust analysis and the duties of a resulting trustee.
Curley v ParkesEngland and Wales Court of Appeal (Civil Division)Yes[2004] EWCA Civ 1515England and WalesCited for the principle that both parties are assumed to have contributed equally to a part of the total purchase price through the taking up of the various mortgages for which both are jointly liable to the mortgagee bank.
Madiah Bte Atan v Samsudin Bin BudinUnknownYes[1998] 2 SLR 679SingaporeCited to support the point that issues of property ownership between Muslim spouses are governed by the common law of property, subject to the equitable doctrines of trusts, prior to the commencement of a divorce case.
Bertei v FeherWestern Australia Court of AppealYes[2000] WASCA 165AustraliaCited for the principle that the crucial consideration is the parties’ intentions, at the time the property is acquired, as to the ultimate source of the funds for purchase of that property.
Napier v Public TrusteeUnknownYes(1980) 32 ALR 153AustraliaCited for the principle that the presumption of resulting trust may be rebutted as to a life interest, but may still operate in respect of the interest in remainder.
Young v SealeyHigh Court of JusticeYes[1949] Ch 278England and WalesCited for the principle that the intention may be that the contributing party should receive the income from the purchased property during his life – to this extent the resulting trust prevails, but the property should belong to the benefiting party after his death, ie, the resulting trust is rebutted as to the remainder.
Pereira Dennis John Sunny v Faridah bte V Abdul LatiffHigh CourtYes[2016] SGHCR 9SingaporeCited for the dismissal of the Stay Application.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore
Administration of Muslim Law Act (Cap 3, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Resulting Trust
  • Constructive Trust
  • Presumption of Advancement
  • Beneficial Ownership
  • Joint Tenancy
  • Matrimonial Assets
  • Financial Contribution
  • Common Intention
  • Trustee Duties
  • Refinancing

15.2 Keywords

  • trusts
  • resulting trusts
  • constructive trusts
  • property dispute
  • matrimonial assets
  • beneficial ownership
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Trust Law95
Resulting Trusts90
Equity90
Presumed Resulting Trusts85
Constructive trusts80
Common intention constructive trusts75
Property Law70
Fiduciary relationships60
Division of Matrimonial Property30
Family Law30

16. Subjects

  • Trust Law
  • Property Law
  • Family Law
  • Equity