Pereira v Mascreenos: Property Ownership Dispute & Equitable Accounting
In Jarret Pereira v Mascreenos Bridjet and Susan Pereira, the High Court of Singapore addressed a dispute over a Housing Development Board flat. The plaintiff, Jarret Pereira, sought the sale of the property and severance of interests due to a soured relationship with the first defendant, Mascreenos Bridjet. The court ordered the sale of the property, equal division of net proceeds after mortgage repayment and CPF refunds, and equitable accounting of $69,726.50 to be paid by the first defendant to the plaintiff.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Orders made for the property to be sold in the open market, net sale proceeds to be divided equally between the plaintiff and first defendant, and equitable accounting of $69,726.50 to be paid to the plaintiff by the first defendant.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court resolves property ownership dispute between joint tenants, ordering sale and equitable accounting for mortgage repayments and expenses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Jarret Pereira | Plaintiff | Individual | Entitled to $69,726.50 by way of equitable accounting | Partial | Jeffrey Koh, Patrick Tan Tse Chia |
| Mascreenos Bridjet w/o Moses | Defendant | Individual | Required to pay $69,726.50 to the plaintiff | Lost | Andy Chiok |
| Susan Pereira d/o Moses | Defendant | Individual | Neutral | Neutral | Andy Chiok |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jeffrey Koh | Fortis Law Corporation |
| Patrick Tan Tse Chia | Fortis Law Corporation |
| Andy Chiok | Michael Khoo & Partners |
4. Facts
- The first and second defendants purchased a Housing Development Board flat as joint tenants.
- The property was financed by a loan in the first and second defendants’ joint names.
- In 2006, the second defendant transferred her interest in the property to the plaintiff.
- The plaintiff paid the second defendant an amount equivalent to her CPF contributions towards the property, with accrued interest.
- The plaintiff and first defendant were then registered as joint tenants.
- The plaintiff solely paid the repayments of a fresh mortgage obtained jointly with the first defendant.
- The plaintiff also paid the utility and conservancy fees, and property tax for the property.
5. Formal Citations
- Jarret Pereira v Mascreenos Bridjet w/o Moses and another, HC/Originating Summons No 1342 of 2017, [2018] SGHC 120
6. Timeline
| Date | Event |
|---|---|
| Second defendant transferred her interest in the property to the plaintiff. | |
| Originating Summons No 1342 of 2017 filed. | |
| Hearing date. | |
| Hearing date. | |
| Court ordered the property to be sold. | |
| Orders made for the property to be sold in the open market. | |
| Further submissions made by counsel for the defendants. | |
| Court directed that no further submissions were required. | |
| Grounds of decision furnished. |
7. Legal Issues
- Beneficial Interest in Property
- Outcome: The court determined that the plaintiff's beneficial interest in the property was 50%.
- Category: Substantive
- Equitable Accounting
- Outcome: The court ordered equitable accounting for mortgage repayments, utility and conservancy fees, and property tax paid by the plaintiff in excess of his share.
- Category: Substantive
- Resulting Trust
- Outcome: The court held that a resulting trust could not have arisen in the circumstances.
- Category: Substantive
8. Remedies Sought
- Sale of property
- Severance of interests in property
- Equitable accounting
9. Cause of Actions
- Application for sale of property
- Severance of interests in property
10. Practice Areas
- Real Estate Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 18(2) read with paragraph 2 of the First Schedule to the Supreme Court Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Joint tenants
- Housing Development Board flat
- Central Provident Fund
- Mortgage repayments
- Equitable accounting
- Beneficial interest
- Resulting trust
15.2 Keywords
- property
- land
- housing
- joint tenancy
- equitable accounting
- mortgage
- CPF
16. Subjects
- Property
- Trusts
- Equity
17. Areas of Law
- Land Law
- Equity
- Trust Law
- Property Law