Ng Kong Yeam v Kay Swee Pin: Resulting Trust, Share Transfer & Mental Capacity
Ng Kong Yeam, represented by his litigation representatives, sued Kay Swee Pin and Wu Yimei Eva Mae in the High Court of Singapore, regarding the ownership of 799,999 shares in NatWest Holdings (Pte) Ltd (NHPL). The plaintiff claimed the shares were held by Kay Swee Pin on a resulting trust or presumption of resulting trust, or alternatively, that there was a breach of contract due to a lack of consideration. The court dismissed the plaintiff's claims, finding that Kay Swee Pin is the legal and beneficial owner of the disputed shares.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Plaintiff's claims dismissed in their entirety.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over NHPL shares transferred from Ng Kong Yeam to Kay Swee Pin. Court found Kay Swee Pin is the legal and beneficial owner.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Kong Yeam | Plaintiff | Individual | Claim Dismissed | Lost | Martin Roderick Edward SC, Sharon Chong Chin Yee, Nandhu, Gideon Yap |
| Kay Swee Pin | Defendant | Individual | Judgment for Defendant | Won | Suresh s/o Damodara, Ong Ziying, Clement, Khoo Shufen Joni |
| Wu Yimei Eva Mae | Defendant | Individual | Judgment for Defendant | Won | Suresh s/o Damodara, Ong Ziying, Clement, Khoo Shufen Joni |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Martin Roderick Edward SC | RHTLaw Taylor Wessing LLP |
| Sharon Chong Chin Yee | RHTLaw Taylor Wessing LLP |
| Nandhu | RHTLaw Taylor Wessing LLP |
| Gideon Yap | RHTLaw Taylor Wessing LLP |
| Suresh s/o Damodara | Damodara Hazra LLP |
| Ong Ziying | Damodara Hazra LLP |
| Clement | Damodara Hazra LLP |
| Khoo Shufen Joni | Damodara Hazra LLP |
4. Facts
- Ng Kong Yeam cohabited with Kay Swee Pin for about thirty years but remained married to Ling Towi Sing.
- Ng Kong Yeam and Kay Swee Pin had a biological child, Wu Yimei Eva Mae.
- Ng Kong Yeam transferred 799,999 shares in NatWest Holdings (Pte) Ltd (NHPL) to Kay Swee Pin.
- NHPL's assets included shares in Sino America Tours Corporation Pte Ltd (SA Tours) and an apartment.
- Ng Kong Yeam was declared non compos mentis by the High Court of Malaya on 6 December 2013.
- The share transfer form indicated a consideration of S$1 million.
- Kay Swee Pin claimed the consideration was provided through payments made on Ng Kong Yeam's behalf.
5. Formal Citations
- Ng Kong Yeam (suing by Ling Towi Sing (alias Ling Chooi Seng) and others)vKay Swee Pin and another, Suit No 894 of 2016, [2019] SGHC 219
6. Timeline
| Date | Event |
|---|---|
| Ng Kong Yeam married Ling Towi Sing. | |
| Ng Kong Yeam began a relationship with Kay Swee Pin. | |
| Wu Yimei Eva Mae, the child of Ng Kong Yeam and Kay Swee Pin, was born. | |
| Wu Yimei Eva Mae began university studies in the United States of America. | |
| Kay Swee Pin sent an email to Ng Kong Yeam regarding SA Tours shares. | |
| Ng Kong Yeam replied to Kay Swee Pin's email. | |
| Ng Kong Yeam prepared a draft will. | |
| Ng Kong Yeam executed a share transfer form. | |
| Share transfer form lodged. | |
| Ng Kong Yeam executed another will. | |
| Ng Kong Yeam executed a will in Kuala Lumpur. | |
| Kay Swee Pin sent an email to Ng Chung San. | |
| Ng Kong Yeam relocated to Malaysia. | |
| Ng Kong Yeam was certified to be mentally disordered. | |
| The High Court of Malaya declared Ng Kong Yeam non compos mentis. | |
| Suit No 894 of 2016 filed. | |
| Trial began. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Resulting Trust
- Outcome: The court found that the presumption of resulting trust was rebutted because the plaintiff intended to benefit the first defendant with the share transfer.
- Category: Substantive
- Sub-Issues:
- Intention to benefit
- Presumption of resulting trust
- Lack of consideration
- Related Cases:
- [2008] 2 SLR(R) 108
- [2014] 3 SLR 1048
- [2017] 2 SLR 964
- Breach of Contract
- Outcome: The court found that there was no breach of contract because the plaintiff intended to benefit the first defendant with the share transfer, and therefore no consideration was expected.
- Category: Substantive
- Sub-Issues:
- Lack of consideration
- Contractual formation
- Admissibility of Evidence
- Outcome: The court found that evidence of the first defendant's bad character was irrelevant and inadmissible.
- Category: Procedural
- Sub-Issues:
- Bad character evidence
- Relevance of evidence
- Related Cases:
- [2009] SGHC 209
- [2005] 2 SLR(R) 236
8. Remedies Sought
- Declaration that Kay Swee Pin holds the shares on resulting trust for Ng Kong Yeam
- Monetary damages of S$1 million for breach of contract
9. Cause of Actions
- Resulting Trust
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Trust Litigation
11. Industries
- Tourism
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lau Siew Kim v Yeo Guan Chye Terence and another | Court of Appeal | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the principles of resulting trust and the intention to benefit the recipient of transferred property. |
| Chan Yuen Lan v See Fong Mun | Court of Appeal | Yes | [2014] 3 SLR 1048 | Singapore | Cited for the lack-of-intention analysis in resulting trusts. |
| Chia Kok Weng v Chia Kwok Yeo and another | Unknown | Yes | [2017] 2 SLR 964 | Singapore | Cited for the burden of proof in presumption of resulting trust. |
| Pao On and others v Lau Yiu Long and others | Privy Council | Yes | [1980] 1 AC 614 | England | Cited for the requirements of past consideration. |
| Rockline Ltd and others v Anil Thadani and others | High Court | Yes | [2009] SGHC 209 | Singapore | Cited regarding the irrelevance of character evidence in civil cases. |
| Chan Emily v Kang Hock Chai Joachim | High Court | Yes | [2005] 2 SLR(R) 236 | Singapore | Cited regarding the irrelevance of prior criminal convictions in civil cases concerning property disputes. |
| Chenna Gounder a/l Kandasamy v Angamah a/p Sunappan | High Court | Yes | [2017] 10 MLJ 387 | Malaysia | Cited for the suspicious circumstances in will preparation. |
| Tho Yow Pew & Anor v Chua Kooi Hean | Unknown | Yes | [2002] 4 MLJ 97 | Malaysia | Cited for the suspicious circumstances in will preparation. |
| Chee Mu Lin Muriel v Chee Ka Lin Caroline (Chee Ping Chian Alexander and another, interveners) | Court of Appeal | Yes | [2010] 4 SLR 373 | Singapore | Cited for the suspicious circumstances in will preparation. |
| Ng Chee Weng v Lim Jit Ming Bryan and another | Court of Appeal | Yes | [2012] 1 SLR 457 | Singapore | Cited for the permissibility of alternative pleas in the same action. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Resulting trust
- Share transfer
- Non compos mentis
- Consideration
- Intention to benefit
- NHPL
- SA Tours
- Cairnhill apartment
15.2 Keywords
- Resulting trust
- Share transfer
- Mental capacity
- Breach of contract
- Evidence
- Singapore
16. Subjects
- Trusts
- Contract
- Evidence
- Company Law
17. Areas of Law
- Trust Law
- Equity
- Contract Law
- Evidence Law