Ong Swee Geok v Gee Ah Eng: Resulting Trusts & HDB Flat Ownership Dispute
In Ong Swee Geok and another v Gee Ah Eng, the General Division of the High Court of Singapore heard an originating summons by Ong Swee Geok and Ong Swee Hwa against their mother, Gee Ah Eng, concerning a Housing and Development Board (HDB) flat. The sisters claimed a beneficial interest in the flat, asserting they had made payments towards it. The court, led by Andre Maniam JC, dismissed the sisters' claim, holding that they could not claim a beneficial interest in the flat due to provisions of the Housing and Development Act, as they were ineligible to own the flat, each owning another HDB flat. The court also dismissed the application to amend the originating summons.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application to amend the originating summons and the originating summons itself are dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Sisters Ong Swee Geok and Ong Swee Hwa claim beneficial interest in their mother's HDB flat based on payments made, but the court dismisses their claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Swee Geok | Applicant | Individual | Claim Dismissed | Lost | |
| Ong Swee Hwa | Applicant | Individual | Claim Dismissed | Lost | |
| Gee Ah Eng | Respondent | Individual | Judgment for Respondent | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sureshan s/o T Kulasingam | Sureshan LLC |
| Samuel Ang Rong En | Sureshan LLC |
4. Facts
- Mdm Gee and Swee Geok jointly applied to purchase the Flat in 1980.
- Swee Geok made payments towards the Flat from her CPF account.
- Swee Geok got married and became the owner of another HDB flat in 1987.
- Swee Hwa replaced Swee Geok as a registered co-owner of the Flat in 1987.
- Swee Hwa made payments towards the Flat from her CPF account.
- Swee Hwa got married and became the owner of another HDB flat in 1993.
- Mr Ong replaced Swee Hwa as a registered co-owner of the Flat in 1993.
- Swee Geok resumed paying towards the Flat in cash from 1993 until 2016.
- Mr Ong passed away in 2009, leaving Mdm Gee as the sole registered owner.
- Mdm Gee made a will in 2013, bequeathing the Flat to Joo Hak.
5. Formal Citations
- Ong Swee Geok and anor v Gee Ah Eng, Originating Summons No 100 of 2021 and Summons No 2123 of 2021, [2021] SGHC 119
6. Timeline
| Date | Event |
|---|---|
| Mdm Gee and Swee Geok jointly applied to purchase the Flat. | |
| Swee Geok got married, moved out of the Flat, and became the owner of another HDB flat. | |
| Swee Hwa replaced Swee Geok as a registered co-owner of the Flat, together with Mdm Gee. | |
| Swee Hwa got married, moved out of the Flat, and became the owner of another HDB flat. | |
| Mr Ong replaced Swee Hwa as a registered co-owner of the Flat, together with Mdm Gee. | |
| Swee Geok resumed paying towards the Flat in cash. | |
| Mr Ong passed away, leaving Mdm Gee as the sole registered owner of the Flat. | |
| Mdm Gee made a will, purporting to bequeath the Flat to Joo Hak. | |
| The Flat was fully paid up. | |
| Swee Geok and Swee Hwa lodged a caveat over the Flat. | |
| Swee Geok and Swee Hwa filed this originating summons against Mdm Gee. | |
| Hearing was held. | |
| Hearing was held. | |
| Judgment reserved. |
7. Legal Issues
- Resulting Trust
- Outcome: The court held that the applicants could not claim a beneficial interest in the flat or its sale proceeds based on a resulting trust due to the provisions of the Housing and Development Act.
- Category: Substantive
- Related Cases:
- [2021] SGCA 28
- [2007] 1 SLR(R) 265
- [2011] 3 SLR 125
- [1999] 1 SLR(R) 1126
- [2011] 3 SLR 80
- Eligibility to Own HDB Flat
- Outcome: The court held that because the applicants owned other HDB flats, they were ineligible to acquire the flat in question and could not claim an interest in it by way of a resulting or constructive trust.
- Category: Substantive
- Related Cases:
- [2021] SGCA 28
8. Remedies Sought
- Declaratory judgment that the applicants have a beneficial interest in the Flat or its sale proceeds.
9. Cause of Actions
- Resulting Trust
10. Practice Areas
- Civil Litigation
- Trusts and Estates
- Property Disputes
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Kieuh Huat v Lim Teck Leng and another and another appeal | Court of Appeal | Yes | [2021] SGCA 28 | Singapore | Cited for the principle that s 51(10) of the HDA prevents a person ineligible to acquire an HDB flat from obtaining an interest in it by way of a resulting or constructive trust. |
| Tan Chui Lian v Neo Liew Eng | High Court | Yes | [2007] 1 SLR(R) 265 | Singapore | Cited for the principle that s 51(10) of the HDA prevents a person who is ineligible to acquire an HDB flat from obtaining or becoming entitled to an interest in such a flat by way of a resulting or constructive trust. |
| Koh Cheong Heng v Ho Yee Fong | High Court | Yes | [2011] 3 SLR 125 | Singapore | Cited for the principle that s 51(10) of the HDA prevents a person who is ineligible to acquire an HDB flat from obtaining or becoming entitled to an interest in such a flat by way of a resulting or constructive trust. |
| Low Heng Leon Andy v Low Kian Beng Lawrence (administrator of the estate of Tan Ah Kng, deceased) | High Court | Yes | [2013] 3 SLR 710 | Singapore | Cited for the proposition that under s 51(10) of the HDA the effect of conferring an entitlement or interest in protected property by way of resulting or constructive trust is disallowed, although any resulting or constructive trust that confers such an interest is not rendered void. |
| Cheong Yoke Kuen and others v Cheong Kwok Kiong | Court of Appeal | Yes | [1999] 1 SLR(R) 1126 | Singapore | Cited for the principle that the alleged trust was prohibited by s 51(4) and was void under s 51(5) of the 1997 HDA. |
| Chong Sze Pak v Chong Ser Yoong | High Court | Yes | [2011] 3 SLR 80 | Singapore | Cited to reject a resulting trust claim to sale proceeds of an HDB flat. |
| Ong Chai Koon and others v Ong Chai Soon | High Court | Yes | [2021] SGHC 76 | Singapore | Cited for the principle that a constructive trust justified an order for the sale of an HDB shophouse, with the sale proceeds being distributed to the beneficiaries of that trust. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Housing and Development Act (Cap 129, 2004 Rev Ed) s 51(8) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) s 51(9) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) s 51(10) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) s 51(11) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) s 47(1)(a) | Singapore |
| Housing and Development Act (Cap 129, 1997 Rev Ed) s 51(4) | Singapore |
| Housing and Development Act (Cap 129, 1997 Rev Ed) s 51(5) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Housing and Development Board
- HDB flat
- Resulting trust
- Beneficial interest
- Registered owner
- Sale proceeds
- Central Provident Fund
- Ineligible person
- Protected property
15.2 Keywords
- HDB flat
- resulting trust
- Housing and Development Act
- beneficial interest
- property ownership
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Housing and Development Act | 90 |
| Resulting Trust | 85 |
| Trust Law | 75 |
| Housing Law | 70 |
| Property Law | 60 |
| Wills and Probate | 50 |
| Succession Law | 40 |
| Civil Procedure | 30 |
| Corporate Law | 10 |
16. Subjects
- Trusts
- Real Property
- Housing Law