Liew Kum Chong v SVM International Trading: Attachment of Equitable Interest in Property
In Liew Kum Chong v SVM International Trading Pte Ltd and others, the High Court of Singapore, on 31 March 2020, allowed the plaintiff's application to attach the 2nd defendant's interest in a commercial property. The plaintiff sought to enforce a judgment debt against the 2nd defendant by attaching its equitable interest in a property for which the 2nd defendant had a Sale and Purchase Agreement. The court held that such an equitable interest is attachable under Order 47 Rule 4 of the Rules of Court.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court allowed the plaintiff's application to attach the 2nd defendant's equitable interest in a commercial property.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Liew Kum Chong | Plaintiff | Individual | Application Allowed | Won | Tang Shangwei, Gavin Neo, Khoo Kiah Min Jolyn |
| SVM International Trading Pte Ltd | Defendant | Corporation | Neutral | Neutral | |
| Feasto Pte Ltd | Defendant | Corporation | Neutral | Neutral | |
| Mizimegah Pte Ltd | Defendant | Corporation | Neutral | Neutral | |
| Scarlett Merida Xi Wei Yuan | Defendant | Individual | Neutral | Neutral | |
| Pan Jiaying | Defendant | Individual | Lost | Lost | Chua Cheng Yew |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Jonathan Ng Pang Ern | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tang Shangwei | WongPartnership LLP |
| Gavin Neo | WongPartnership LLP |
| Khoo Kiah Min Jolyn | WongPartnership LLP |
| Chua Cheng Yew | Wong Tan & Molly Lim LLC |
4. Facts
- Plaintiff obtained judgment against the 1st to 4th Defendants.
- Plaintiff applied to attach the 2nd Defendant's interest in a property.
- 2nd Defendant claimed an interest in the property as purchaser via a caveat.
- 2nd Defendant had a Sale and Purchase Agreement (SPA) for the property.
- 2nd Defendant had paid approximately $750,000 of the $1,291,200 purchase price.
- Legal title to the property remained with LVND Homes Pte Ltd.
5. Formal Citations
- Liew Kum Chong v SVM International Trading Pte Ltd and others, Suit No 980 of 2016 (Summons No 6105 of 2019), [2020] SGHCR 02
6. Timeline
| Date | Event |
|---|---|
| Plaintiff commenced Suit No 980 of 2016 | |
| High Court gave judgment for the Plaintiff against the 1st to 4th Defendants | |
| Plaintiff took out SUM 6105 | |
| Caveat was lodged | |
| Sale and Purchase Agreement date | |
| First hearing on SUM 6105 | |
| Second hearing on SUM 6105 | |
| Judgment issued |
7. Legal Issues
- Attachment of Interest in Immovable Property
- Outcome: The court held that an equitable interest in immovable property arising from a contract of sale can be attached under O 47 r 4 of the Rules of Court.
- Category: Procedural
- Related Cases:
- [2018] 4 SLR 1003
8. Remedies Sought
- Attachment of interest in property
- Costs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Liew Kum Chong v SVM International Trading Pte Ltd and others | High Court | Yes | [2019] SGHC 163 | Singapore | Cited for the grounds of the Court’s decision on 22 March 2019. |
| Peter Low LLC v Higgins, Danial Patrick | High Court | Yes | [2018] 4 SLR 1003 | Singapore | Cited for the principle that the court only needs to be satisfied that there is an interest in immovable property that can be attached. |
| Lysaght v Edwards | English High Court | Yes | (1876) 2 Ch D 499 | England and Wales | Cited for the principle that a purchaser under a valid contract for sale has the equitable interest in the land. |
| Jerome v Kelly (Inspector of Taxes) | House of Lords | Yes | [2004] 1 WLR 1409 | United Kingdom | Cited for the principle that beneficial ownership of land is split between the seller and buyer on the provisional assumptions that specific performance is available and that the contract will in due course be completed. |
| American Express Bank Ltd v Abdul Manaff bin Ahmad | N/A | Yes | [2003] 4 SLR(R) 780 | Singapore | Cited regarding the interpretation of provisions on execution in the Rules of Court. |
| KLW Holdings Ltd v Straitsworld Advisory Ltd | N/A | Yes | [2017] SGHCR 11 | Singapore | Cited regarding the interpretation of provisions on execution in the Rules of Court. |
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 |
| O 47 r 4 of the Rules of Court | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| s 13 of the SCJA | Singapore |
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
| s 115(1) of the LTA | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Equitable interest
- Immovable property
- Attachment
- Sale and Purchase Agreement
- Caveat
- Writ of Seizure and Sale
15.2 Keywords
- attachment
- equitable interest
- immovable property
- writ of seizure and sale
- rules of court
- land titles act
16. Subjects
- Civil Procedure
- Property Law
- Enforcement of Judgments
17. Areas of Law
- Civil Procedure
- Enforcement
- Property Law
- Land Law