Tan Chor Hong v Ng Cheng Hock: Division of Property Sale Proceeds Under Joint Singles Scheme
In Tan Chor Hong v Ng Cheng Hock, the High Court of Singapore addressed a dispute between Mdm Tan Chor Hong and Mr Ng Cheng Hock concerning the division of proceeds from the sale of a flat they jointly purchased under the Joint Singles Scheme. The court ordered the sale of the flat, granting Mdm Tan sole conduct of the sale, and ruled that the sale proceeds should be divided in a 95:5 ratio between Mdm Tan and Mr Ng. The primary legal issue was the determination of the parties' relative shares in the flat, considering their financial contributions and the circumstances of the purchase.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Ordered the sale of the flat with Mdm Tan having sole conduct of the sale and the sale proceeds to be divided in the ratio of 95:5 between Mdm Tan and Mr Ng.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court case involving Tan Chor Hong and Ng Cheng Hock over the division of proceeds from the sale of a flat purchased under the Joint Singles Scheme.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Chor Hong | Plaintiff | Individual | Sale of Flat Ordered, Sole Conduct of Sale Granted | Won | Sujatha Selvakumar |
| Ng Cheng Hock | Defendant | Individual | Division of Sale Proceeds Ordered | Lost | Yong Boon On |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Pang Khang Chau | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sujatha Selvakumar | I.R.B. Law LLP |
| Yong Boon On | Eldan Law LLP |
4. Facts
- Mdm Tan and Mr Ng bought a 5-room flat in Woodlands under the Joint Singles Scheme as tenants-in-common.
- Mdm Tan held a 95% share and Mr Ng held a 5% share of the flat.
- Mr Ng moved to Japan in 2000 and spent 18 years in prison for a drug-related offense.
- The monthly repayments for the HDB mortgage loan came entirely from Mdm Tan.
- Mr Ng's only monetary contribution was $7,922.44 from his CPF account, for which he received a partial repayment of $5,000.
- Disputes arose between Mdm Tan and Mr Ng over the flat after Mr Ng's return from Japan.
- Mdm Tan applied to court for the flat to be sold and for the sale proceeds to be divided in the ratio of 95:5.
5. Formal Citations
- Tan Chor Hong v Ng Cheng Hock, Originating Summons No 218 of 2019, [2019] SGHC 257
6. Timeline
| Date | Event |
|---|---|
| Option to Purchase issued by the HDB to the parties. | |
| Parties attended at the HDB to execute the HDB Agreement Order cum Tax Invoice. | |
| Parties executed a HDB Agreement for Lease. | |
| Effective date of sale of the flat. | |
| HDB issued a HDB Sales Order. | |
| Mdm Tan made a payment of $5,000 to Mr Ng. | |
| Mr Ng relocated to Japan. | |
| Mdm Tan lodged a police report. | |
| Mr Ng returned to Singapore. | |
| Mdm Tan moved out of the Flat. | |
| Arguments heard in court. | |
| Arguments heard in court. | |
| Judgment issued. |
7. Legal Issues
- Parties’ Relative Shares in the Flat
- Outcome: The court held that Mdm Tan is the owner of 95% of the Flat while Mr Ng is the owner of 5% of the Flat.
- Category: Substantive
- Related Cases:
- [2008] 2 SLR(R) 108
- [2016] 3 SLR 1223
- Sale of the Flat
- Outcome: The court ordered the sale of the Flat in lieu of partition.
- Category: Procedural
- Related Cases:
- [2016] 3 SLR 1223
- Sole Conduct of the Sale
- Outcome: The court granted Mdm Tan sole conduct of the sale, subject to certain safeguards.
- Category: Procedural
- Right to Buy Over Share
- Outcome: The court declined to make an order giving Mdm Tan the right to purchase Mr Ng’s share.
- Category: Substantive
8. Remedies Sought
- Order for sale of the flat in the open market
- Division of sale proceeds in the ratio of 95:5
- Sole conduct of the sale to Mdm Tan
- Order allowing Mdm Tan to buy over Mr Ng’s share at valuation price
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Real Estate Law
- Property Disputes
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lau Siew Kim v Yeo Chye Terence and another | Singapore Court of Appeal | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the principle that legal joint tenants of a property will be presumed to hold that property as beneficial tenants in common of shares proportionate to their contribution to the acquisition of that property. |
| Su Emmanuel v Emmanuel Priya Etehl Anne and another | Singapore High Court | Yes | [2016] 3 SLR 1223 | Singapore | Cited for the principle that the court ought to disregard the fact that the loan repayments were all made by Mdm Tan, as those payments were not referable to any agreement made at the time of acquisition of the Flat concerning how the loan was to be serviced. |
| Chan Yuen Lan v See Fong Mun | Singapore High Court | Yes | [2014] 3 SLR 1048 | Singapore | Cited to illustrate that the focus should not lie exclusively on who took on liability for the mortgage as against the bank, but rather on what the operating agreement was between the co-owning parties at the time the loan was taken out. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Joint Singles Scheme
- Tenants-in-common
- HDB mortgage loan
- Sale proceeds
- Sole conduct of sale
- Resulting trust
- CPF account
- Agreement for Lease
15.2 Keywords
- property
- sale
- tenancy
- singapore
- hdb
- joint singles scheme
16. Subjects
- Property Law
- Real Estate
- Housing Law
17. Areas of Law
- Land Law
- Tenancy in Common
- Sale of Land
- Civil Procedure