Khalid Ali v Alwee Alkaff: Striking Out Action, Breach of Trust, Accessory Liability
Mr. Khalid Ali Salah Abdulla and Mr. Hussain Ali Abdulla Al-Yazidi, representing 29 others, sued Mr. Alwee Alkaff in the High Court of Singapore, alleging that Mr. Alkaff had taken over as trustee of certain trust monies and was liable for breaches of trust. The Assistant Registrar struck out the statement of claim, and Chua Lee Ming J dismissed the plaintiffs' appeal on 5 October 2017. The plaintiffs have appealed against this decision. The court found the claims unsustainable due to lack of evidence and dismissed the appeal on 28 February 2018.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiffs' action against defendant for breach of trust and accessory liability was struck out. The court found the claims unsustainable due to lack of evidence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Khalid Ali Salah Abdulla | Plaintiff | Individual | Claim Dismissed | Dismissed | |
| Hussain, Ali Abdulla Al-Yazidi | Plaintiff | Individual | Claim Dismissed | Dismissed | |
| Alwee Alkaff | Defendant | Individual | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge | Yes |
4. Counsels
4. Facts
- Plaintiffs claimed the defendant took over as trustee of trust monies.
- Plaintiffs alleged the Administrators breached their duties as trustees.
- Plaintiffs alleged the defendant dishonestly assisted in the Administrators’ breaches.
- Plaintiffs alleged the defendant knowingly received benefits from the trust monies.
- The Administrators sold 24 Mosque Street to Syed Abubakr in 1948.
- 58 Queen Street was compulsorily acquired by the Singapore Government in 1981.
- The Queen Street properties were partitioned in 1959.
5. Formal Citations
- Khalid Ali Salah Abdulla and another v Alwee Alkaff, Suit No 121 of 2017(Registrar’s Appeal No 253 of 2017), [2018] SGHC 45
6. Timeline
| Date | Event |
|---|---|
| Shaik Abdulla passed away, leaving a will. | |
| Letters of administration with will annexed granted to Syed Mohamed and Syed Husain. | |
| Administrators sold 24 Mosque Street to Syed Abubakr. | |
| Deed of Partition made in respect of 58–61 Queen Street. | |
| Title to 58 Queen Street issued to Lum Chan. | |
| Singapore High Court approved the sale of 59–61 Queen Street. | |
| 59-61 Queen Street sold to the Kwek Family. | |
| Syed Mohamed died. | |
| Letters of administration of Syed Mohamed's estate granted to the defendant and his brother. | |
| Syed Husain died. | |
| 58 Queen Street was compulsorily acquired by the Singapore Government. | |
| 24 Mosque Street transferred to HKL Development Pte Ltd. | |
| Assistant Registrar struck out the statement of claim. | |
| Appeal against the AR’s decision was dismissed. | |
| Appeal dismissed. |
7. Legal Issues
- Striking Out
- Outcome: The court struck out the plaintiffs' action.
- Category: Procedural
- Breach of Trust
- Outcome: The court found the allegations of breach of trust unsustainable.
- Category: Substantive
- Accessory Liability
- Outcome: The court found the claims for dishonest assistance unsustainable.
- Category: Substantive
8. Remedies Sought
- Transfer of Trust Monies
- Account of Trust Monies
9. Cause of Actions
- Breach of Trust
- Dishonest Assistance
- Knowing Receipt
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| George Raymond Zage III and another v Ho Chi Kwong and another | Singapore Court of Appeal | Yes | [2010] 2 SLR 589 | Singapore | Cited for the elements of a claim in dishonest assistance. |
| Yong Kheng Leong and another v Panweld Trading Pte Ltd and another | Singapore High Court | Yes | [2013] 1 SLR 173 | Singapore | Cited for the test with respect to knowledge in establishing knowing receipt. |
| Ching Chew Weng Paul v Ching Pui Sim and others | Singapore High Court | Yes | [2010] 2 SLR 76 | Singapore | Cited for the principle that a beneficiary is entitled to claim reliefs on behalf of the estate. |
| The Bunga Melati 5 | Singapore Court of Appeal | Yes | [2012] 4 SLR 546 | Singapore | Cited to caution against speculating on evidence at an interlocutory stage. |
| In re Benett | England and Wales High Court (Chancery Division) | Yes | [1906] Ch 216 | England and Wales | Cited regarding the role of a trustee's personal representative. |
13. Applicable Rules
| Rule Name |
|---|
| O 18 r 19(1) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Trustees Act (Cap 337, 2005 Rev Ed) | Singapore |
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Trust Monies
- Administrators
- Beneficiaries
- Trustee
- Breach of Trust
- Dishonest Assistance
- Knowing Receipt
- Constructive Trust
15.2 Keywords
- trust
- breach of trust
- striking out
- accessory liability
- trustees act
- limitation act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Breach of Trust | 90 |
| Trust Law | 85 |
| Accessory liability | 80 |
| Civil Practice | 75 |
| Civil Procedure | 70 |
| Fiduciary Duties | 60 |
| Corporate Litigation | 20 |
16. Subjects
- Trust Law
- Civil Litigation