Moh Tai Siang v Moh Tai Tong: Resulting Trust, Constructive Trust & Undue Influence Dispute
In Moh Tai Siang v Moh Tai Tong and another, the Singapore High Court addressed a dispute between brothers, Moh Tai Siang (Plaintiff) and Moh Tai Tong and Royston Moh Tai Suan (Defendants), concerning their respective interests in a family property. The plaintiff sought recognition of his interest in the property and a share of the proceeds from its sale. The court ultimately refused the plaintiff's claims, finding insufficient evidence to support his assertions of a resulting or constructive trust.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
I refused the plaintiff the reliefs sought.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving a dispute between brothers over a family property. The plaintiff's claim of a resulting or constructive trust was rejected.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Moh Tai Siang | Plaintiff | Individual | Claim Dismissed | Lost | |
| Moh Tai Tong | Defendant | Individual | Judgment for Defendant | Won | |
| Royston Moh Tai Suan | Defendant | Individual | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff transferred his interest in the family property to the defendants via an indenture in 1985.
- The plaintiff claimed the transfer was meant to be held on trust for him, not an outright sale.
- The defendants claimed the indenture was a genuine sale to provide the plaintiff with funds to pay off his debts.
- The plaintiff was made a bankrupt in 1988 and discharged in 1996.
- A Deed of Confirmation was signed by the 1st defendant but not the 2nd defendant, regarding the transfer of the plaintiff's share.
- The property was sold in December 2015 for $16.3 million.
- The plaintiff sought his share of the proceeds from the sale of the property.
5. Formal Citations
- Moh Tai Siang v Moh Tai Tong and another, Suit No 1179 of 2015, [2018] SGHC 280
6. Timeline
| Date | Event |
|---|---|
| Property was purchased by the Father. | |
| Father conveyed the Property with a one-quarter share to Tai Sing and the remaining three-quarter share to himself, the Mother and Tai Sing to hold on trust for the plaintiff and two defendants. | |
| The Father passed away. | |
| The youngest of the three brothers, the 2nd defendant, turned 21. | |
| An indenture of conveyance was executed by the Mother and Tai Sing, conveying the trust property to the plaintiff and two defendants in equal shares. | |
| The plaintiff executed an indenture of conveyance, transferring his one-quarter share in the Property to the two defendants in equal shares. | |
| Tai Sing died in a car accident. | |
| The plaintiff was made a bankrupt. | |
| The plaintiff was discharged from bankruptcy. | |
| The defendants were each asked to sign a document titled “Deed of Confirmation”. | |
| The Mother passed away. | |
| The second caveat was challenged and thereafter cancelled under s 127(2) of the Land Titles Act. | |
| The sale of the Property was successfully completed. | |
| Trial began. | |
| Trial concluded. | |
| Judgment issued. |
7. Legal Issues
- Resulting Trust
- Outcome: The court found that no resulting trust arose because the conveyance was genuine, there was no family arrangement to have the plaintiff’s interest in the Property transferred back to him, and consideration was duly paid.
- Category: Substantive
- Related Cases:
- [2008] 2 SLR(R) 108
- [2014] 3 SLR 1048
- Constructive Trust
- Outcome: The court found that the plaintiff's case on the imposition of a constructive trust and the defendants’ knowing receipt was not made out.
- Category: Substantive
- Undue Influence
- Outcome: The court found no evidence of actual undue influence, nor was there anything in the transaction which calls for an explanation.
- Category: Substantive
- Related Cases:
- [2002] 2 AC 773
8. Remedies Sought
- Declaration that the defendants held the plaintiff’s interest on trust for the plaintiff
- Damages for breach of trust
- Account of the plaintiff’s interest held on trust by the defendants
- Order that the defendants pay or transfer to the plaintiff the proceeds or traceable assets from the sale of the Property
9. Cause of Actions
- Resulting Trust
- Constructive Trust
- Breach of Fiduciary Duty
- Unjust Enrichment
10. Practice Areas
- Trust Law
- Family Law
- Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chng Bee Kheng and another (executrixes and trustees of the estate of Fock Poh Kum, deceased) v Chng Eng Chye | High Court | Yes | [2013] 2 SLR 715 | Singapore | Cited to support the point that the plaintiff had to show that all the parties had the common intention to mislead and that the document was a pretence. |
| Lau Siew Kim v Yeo Guan Chye Terence and another | Court of Appeal | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the ways in which a resulting trust is presumed to arise. |
| Chan Yuen Lan v See Fong Mun | High Court | Yes | [2014] 3 SLR 1048 | Singapore | Cited for the point that a resulting trust may not necessarily arise even if there were no consideration, if it can be shown that the transfer was indeed intended to benefit the recipient. |
| Gay Choon Ing v Loh Szi Ti Terence Peter and another appeal | Court of Appeal | Yes | [2009] 2 SLR(R) 332 | Singapore | Cited for the point that an indenture, being a deed, may be enforced without proof of consideration. |
| Royal Bank of Scotland plc v Etridge (No 2) | House of Lords | Yes | [2002] 2 AC 773 | United Kingdom | Cited on the interaction between undue influence and fiduciary relationships. |
| Wee Chiaw Sek Anna v Ng Li-Ann Genevieve (sole executrix of the estate of Ng Hock Seng, deceased) and another | Court of Appeal | Yes | [2013] 3 SLR 801 | Singapore | Cited for the point that a claimant must be able to point to a specific unjust factor as a foundation to a claim in unjust enrichment. |
| Nelson v Rye and another | Court of Appeal | Yes | [1996] 1 WLR 1378 | England and Wales | Cited for the point that the primary mischief addressed by the doctrine of laches is the prejudice arising from a claimant seeking to pursue a claim after having sat on it for an inordinate amount of time such that the other potential party would have proceeded on the basis that his interests were not subject to an adverse claim. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles Act (Cap 157, Rev Ed 2004) | Singapore |
| Civil Law Act (Cap 43, Rev Ed 1999) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Indenture
- Resulting Trust
- Constructive Trust
- Undue Influence
- Deed of Confirmation
- Beneficial Interest
- Fiduciary Duty
- Family Trust
15.2 Keywords
- Trust
- Property
- Family
- Singapore
- High Court
- Equity
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Trust Law | 90 |
| Chancery and Equity | 90 |
| Constructive Trust | 80 |
| Resulting Trust | 80 |
| Family Trusts | 70 |
| Undue Influence | 60 |
| Family Law | 30 |
16. Subjects
- Trust Law
- Property Law
- Equity
- Family Law