Somwonkwan Sharinrat v Wong Hong Sang Maurice: Constructive & Resulting Trusts in HDB Flat Dispute
Somwonkwan Sharinrat filed an application against Wong Hong Sang Maurice and Wong Seng Khiew, seeking a declaration that Wong Hong Sang Maurice owns 50% of a Housing and Development Board (HDB) flat, or alternatively, that Wong Seng Khiew holds 50% of the beneficial interest for Wong Hong Sang Maurice. The General Division of the High Court, presided over by Lai Siu Chiu SJ, dismissed the application, finding no basis for the claim of equal ownership given the unequal contributions towards the purchase price of the flat. The court determined that the plaintiff was attempting to circumvent ancillary proceedings in the Family Justice Courts.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff sought declaration of 50% ownership of HDB flat by her ex-husband. The court dismissed the application, finding no basis for equal ownership.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Somwonkwan Sharinrat | Plaintiff | Individual | Claim Dismissed | Lost | Jenny Lai Ying Ling |
| Wong Hong Sang Maurice | Defendant | Individual | Judgment for Defendant | Won | Jerome Ashley Tan Wey Chiang |
| Wong Seng Khiew | Defendant | Individual | Judgment for Defendant | Won | Jerome Ashley Tan Wey Chiang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Senior Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jenny Lai Ying Ling | Jenny Lai & Co |
| Jerome Ashley Tan Wey Chiang | H C Law Practice |
4. Facts
- Plaintiff sought a declaration that her ex-husband owned 50% of the HDB flat.
- The flat was purchased in 1998 by the second defendant and his wife.
- In 2010, the first defendant's name was included as a joint tenant of the Flat.
- The plaintiff argued the first defendant indirectly contributed to the mortgage.
- The defendants argued the first defendant's contribution was only 4.26%.
- The plaintiff claimed a family conspiracy to deprive her of her rightful share.
- The defendants contended there was no evidence of an express or inferred common intention.
5. Formal Citations
- Somwonkwan Sharinrat v Wong Hong Sang Maurice and another, Originating Summons No 833 of 2020, [2021] SGHC 127
6. Timeline
| Date | Event |
|---|---|
| Flat purchased by the second defendant and his wife | |
| First defendant's name included as a joint tenant of the Flat | |
| First defendant’s mother passed away | |
| First defendant started making CPF contributions to the second defendant's CPF account | |
| First defendant made aggregate monthly contribution of $359 towards the second defendant’s CPF account | |
| First defendant’s CPF contributions in paying the mortgage instalments amounted to $22,674.28 | |
| Flat valued at $430,000 | |
| Plaintiff's searches on HDB's record of transacted prices | |
| Plaintiff obtained a decree nisi against the first defendant in divorce proceedings | |
| Defendants filed joint affidavit to oppose the Application | |
| Plaintiff filed second affidavit | |
| Plaintiff filed third affidavit | |
| Court hearing | |
| Application dismissed |
7. Legal Issues
- Ownership of Property
- Outcome: The court held that the first defendant did not hold a 50% share in the Flat.
- Category: Substantive
- Sub-Issues:
- Beneficial interest
- Joint tenancy
- Resulting trust
- Constructive trust
- Appropriateness of Originating Summons
- Outcome: The court held that an OS procedure is not appropriate for this case.
- Category: Procedural
- Sub-Issues:
- Dispute of fact
- Construction of document
8. Remedies Sought
- Declaration that the first defendant is the legal owner of 50% of the Flat
- Declaration that the second defendant holds 50% of the beneficial interest in the Flat for the first defendant
9. Cause of Actions
- Declaration of ownership
- Division of matrimonial assets
10. Practice Areas
- Real Estate Law
- Family Law
- Trusts and Estates
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lau Siew Kim v Yeo Guan Chye Terence | Court of Appeal | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the principles of presumption of advancement and resulting trust. |
| Calverley v Green | High Court of Australia | Yes | (1984) 155 CLR 242 | Australia | Cited to support the position that the share in the Flat equated to contributions towards the purchase price. |
| Damodaran s/o Subbarayan v Rogini w/o Subbarayan | High Court | Yes | [2020] 5 SLR 1409 | Singapore | Cited by the plaintiff in support of her arguments. |
| Chan Yuen Lan v See Fong Mun | Court of Appeal | Yes | [2014] 3 SLR 1048 | Singapore | Cited for the principle that a court may not impute a common intention to the parties where one did not in fact exist. |
| UJT v UJR and another Matter | High Court | Yes | [2018] 4 SLR 931 | Singapore | Cited to support the argument that there is no evidence of an express or an inferred common intention that the parties should hold the beneficial interest in the Flat in a proportion different from their contributions. |
| Stack v Dowden | N/A | Yes | [2007] 2 AC 432 | N/A | Cited within Chan Yuen Lan for the distinction between an inferred and an implied common intention. |
| Low Yin Ni and another v Tay Yuan Wei Jaycie (formerly known as Tay Yeng Choo Jessy) and another | Singapore Court of Appeal | Yes | [2020] SGCA 58 | Singapore | Cited as the facts in the case were similar to the facts here. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Housing and Development Act (Cap 129, 2004 Rev Ed) | Singapore |
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Originating Summons
- Joint tenancy
- Beneficial interest
- Resulting trust
- Constructive trust
- CPF contributions
- HDB flat
- Mortgage instalments
- Presumption of advancement
- Common intention
15.2 Keywords
- trusts
- constructive trusts
- resulting trusts
- land
- joint tenancy
- HDB flat
- matrimonial assets
16. Subjects
- Trust Law
- Property Law
- Family Law
17. Areas of Law
- Trusts
- Constructive trusts
- Resulting trusts
- Land Law
- Interest in land
- Joint tenancy