Chain Land Elevator Corp v FB Industries: Writ of Seizure and Sale on Joint Tenancy
In Chain Land Elevator Corp v FB Industries Pte Ltd, the Singapore High Court addressed whether a writ of seizure and sale (WSS) could be executed on properties held in joint tenancy by Lee Buck Huang and his wife. Chain Land Elevator Corp sought to enforce a judgment against Lee Buck Huang by seizing his interest in two properties. The court dismissed Lee Buck Huang's summons to set aside the WSS, holding that a joint tenant's interest is exigible to a WSS independently of severance.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Summons to set aside the writ of seizure and sale is dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on whether a writ of seizure and sale can be executed on a joint tenant's property interest.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chain Land Elevator Corp | Plaintiff | Corporation | Order remains | Partial | |
| FB Industries Pte Ltd | Defendant | Corporation | Lost | Lost | |
| Lee Buck Huang | Defendant, Applicant | Individual | Summons dismissed | Lost | Wong Soon Peng Adrian, Ang Leong Hao, Timothy Ng Xin Zhan |
| Tan Boo Kong | Defendant | Individual | Lost | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong Soon Peng Adrian | Rajah & Tann Singapore LLP |
| Ang Leong Hao | Rajah & Tann Singapore LLP |
| Timothy Ng Xin Zhan | Rajah & Tann Singapore LLP |
| Kelley Wong Kar Ee | Lee & Lee |
| Toh Kok Seng | Lee & Lee |
4. Facts
- Chain Land Elevator Corp obtained judgment in its favor in Suit No 1027 of 2018.
- Chain Land Elevator Corp sought to enforce that judgment against Lee Buck Huang.
- Lee Buck Huang and his wife held two properties as joint tenants.
- Chain Land Elevator Corp obtained an ex parte writ of seizure and sale order in respect of the two properties.
- Lee Buck Huang sought to set aside the order and stay its execution.
- FB Industries was a long-time customer of Chain Land Elevator Corp, which supplies elevator parts.
- FB Industries defaulted on payment, and Chain Land Elevator Corp commenced Suit 1027 against FB Industries, Lee Buck Huang, and Tan Boo Kong.
- Chain Land Elevator Corp obtained summary judgment on 1 February 2019 for $2,665,440.50, plus interest and costs.
- After recovering $63,871.26 via garnishee proceedings, about $2.7m remained unsatisfied.
- The writ of seizure and sale was obtained against properties owned by Lee Buck Huang and his wife as joint tenants.
5. Formal Citations
- Chain Land Elevator Corp v FB Industries Pte Ltd and others, Suit No 1027 of 2018 (Summons Nos 3977 and 4299 of 2019), [2020] SGHC 02
6. Timeline
| Date | Event |
|---|---|
| Suit No 1027 of 2018 filed | |
| Summary judgment obtained for $2,665,440.50 plus interest and costs | |
| Ex parte writ of seizure and sale order obtained | |
| Order lodged against the Property and the Flat | |
| Order served on the Defendants | |
| Summons No 3977 filed to stay the execution of the Order | |
| Summons No 4299 filed to set aside the Order | |
| Hearing of Summons Nos 3977 and 4299 of 2019 | |
| Hearing of Summons Nos 3977 and 4299 of 2019 | |
| Decision made on Summons Nos 3977 and 4299 of 2019 |
7. Legal Issues
- Exigibility of joint tenancy to writ of seizure and sale
- Outcome: The court held that a joint tenant's interest in land is exigible to a writ of seizure and sale independently of severance.
- Category: Substantive
- Related Cases:
- [2018] 4 SLR 1003
- [1932] OR 357
- [2015] 2 HKC 99
- [2006] 3 SLR(R) 322
- [2016] 5 SLR 923
- [1998] 3 SLR(R) 1008
- [2015] 5 SLR 295
- [2018] 4 SLR 208
- [2019] 4 SLR 1392
- (1607) 77 ER 373
- (1926) 39 CLR 46
- [1921] 14 SSLR 90
- [1910] AC 409
- [1910] AC 444
- [2006] 2 SLR(R) 525
- (1884) 13 QBD 535
- [1938] 2 KB 801
- [1991] 1 SLR(R) 306
- [2019] SGHC 237
- Severance of joint tenancy upon registration of writ of seizure and sale
- Outcome: The court held that the execution of a writ of seizure and sale did not effect a permanent severance of the joint tenancy; permanent severance would occur only upon a sale of the joint tenant’s interest by the sheriff.
- Category: Substantive
- Related Cases:
- [1932] OR 357
- [1998] 3 SLR(R) 1008
8. Remedies Sought
- Writ of Seizure and Sale
- Setting aside of Writ of Seizure and Sale
- Stay of Execution
9. Cause of Actions
- Enforcement of Judgment
- Debt Recovery
10. Practice Areas
- Civil Litigation
- Debt Recovery
- Real Estate Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Peter Low LLC v Higgins, Danial Patrick | High Court | Yes | [2018] 4 SLR 1003 | Singapore | Cited for the chronological order of execution against the judgment debtor’s immovable property. |
| Power v Grace | Court of Appeal of Ontario | Yes | [1932] OR 357 | Canada | Discussed regarding the interpretation of when severance of a joint tenancy occurs in relation to a writ of execution. |
| Ho Wai Kwan & anor v Chan Hon Kuen & anor | Unknown | Yes | [2015] 2 HKC 99 | Hong Kong | Cited for the principle that an act of severance must have a final or irrevocable character. |
| United Overseas Bank Ltd v Chia Kin Tuck | Unknown | Yes | [2006] 3 SLR(R) 322 | Singapore | Cited for the principle that the registration of a writ of seizure and sale does not vest any interest in the land to the judgment creditor. |
| One Investment and Consultancy Ltd and another v Cham Poh Meng (DBS Bank Ltd, garnishee) | Unknown | Yes | [2016] 5 SLR 923 | Singapore | Cited to support the argument that a garnishee order cannot be made in respect of a joint bank account. |
| Malayan Banking Bhd v Focal Finance Ltd | High Court | Yes | [1998] 3 SLR(R) 1008 | Singapore | Cited as the first reported local case dealing with the issue of whether a joint tenant’s interest in land is exigible to a writ of seizure and sale. |
| Chan Shwe Ching v Leong Lai Yee | High Court | Yes | [2015] 5 SLR 295 | Singapore | Cited as a case that took the approach that a joint tenant’s interest in land was exigible to a writ of seizure and sale. |
| Chan Lung Kien v Chan Shwe Ching | High Court | Yes | [2018] 4 SLR 208 | Singapore | Cited as a case that took the approach that a joint tenant’s interest in land was not exigible to a writ of seizure and sale. |
| Ong Boon Hwee v Cheah Ng Soo and another | High Court | Yes | [2019] 4 SLR 1392 | Singapore | Cited as a case that took the approach that a joint tenant’s interest in land was exigible to a writ of seizure and sale. |
| Lord Abergavenny’s Case | Unknown | Yes | (1607) 77 ER 373 | England | Cited for the historical perspective that English law permitted execution against the interest of a joint tenant. |
| The Registrar-General of New South Wales v Wood | High Court of Australia | Yes | (1926) 39 CLR 46 | Australia | Cited to distinguish between joint tenancy and tenancy by entireties, emphasizing the severability of joint tenancy. |
| Ng Boo Bee v Khaw Joo Choe, Khaw Sim Tek and others | Unknown | Yes | [1921] 14 SSLR 90 | Singapore | Cited to illustrate that a judgment creditor may only attach, by way of a WSS, property to which the debtor was beneficially entitled. |
| Thomson (Pauper) v Goold & Co | House of Lords | Yes | [1910] AC 409 | England | Cited for the principle that a court should not read into a statute words that are not there, especially when the statute is clear and unambiguous. |
| Vickers, Sons & Maxim, Ltd v Evans | House of Lords | Yes | [1910] AC 444 | England | Cited for the principle that a court should not read into a statute words that are not there, especially when the statute is clear and unambiguous. |
| Wellmix Organics (International) Pte Ltd v Lau Yu Man | Court of Appeal | Yes | [2006] 2 SLR(R) 525 | Singapore | Cited for the principle that the Singapore court has declined to give a more restrictive meaning to the wording in a statute than the plain wording would suggest. |
| MacDonald v The Tacquah Gold Mines Company | Queen's Bench Division | Yes | (1884) 13 QBD 535 | England | Cited for the principle that a judgment creditor cannot attach a debt due to two persons to answer for the debt due to him from the judgment debtor alone. |
| Hirschorn v Evans (Barclays Bank, Ltd, Garnishees) | Court of Appeal | Yes | [1938] 2 KB 801 | England | Cited for endorsing the principle that a judgment creditor cannot attach a debt due to two persons to answer for the debt due to him from the judgment debtor alone. |
| Tan Kay Thye and others v Commissioner of Stamp Duties | High Court | Yes | [1991] 1 SLR(R) 306 | Singapore | Cited for the principle that coparcenary and tenancy by entireties ceased to exist in Singapore from 1 August 1886. |
| BYX v BYY | High Court | Yes | [2019] SGHC 237 | Singapore | Cited as a case that dealt with whether an execution creditor could sell the property even if a mortgagee did not consent. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Banking Act (Cap 19, 2008 Rev Ed) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Writ of Seizure and Sale
- Joint Tenancy
- Severance
- Execution
- Interest in Land
- Exigibility
- Temporary Severance
- Beneficial Interest
15.2 Keywords
- Writ of Seizure and Sale
- Joint Tenancy
- Singapore
- Property Law
- Civil Procedure
16. Subjects
- Civil Procedure
- Property Law
- Enforcement of Judgments
17. Areas of Law
- Civil Procedure
- Judgment and orders
- Enforcement
- Property Law
- Land Law