Ng Hwee Phong v Thum Sow Chan: Resulting Trusts, Joint Tenancy, Severance of Joint Tenancy over Sale Proceeds
Ng Hwee Phong sued Thum Sow Chan in the General Division of the High Court of Singapore, claiming $762,000 that Thum Sow Chan withdrew from their joint account. Ng Hwee Phong argued he was the sole beneficial owner of the funds, while Thum Sow Chan contended the funds were held under a beneficial joint tenancy. The court, presided over by Andre Maniam J, dismissed Ng Hwee Phong's claim, finding that the joint tenancy was severed when each party withdrew funds, entitling Thum Sow Chan to the withdrawn amount.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Claim Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Ng Hwee Phong sues Thum Sow Chan for $762,000 withdrawn from their joint account. The court dismissed the claim, finding a severed joint tenancy.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Hwee Phong | Plaintiff | Individual | Claim Dismissed | Lost | |
| Thum Sow Chan | Defendant | Individual | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kanagavijayan Nadarajan | Kana & Co |
| Oei Ai Hoea Anna | Tan Oei & Oei LLC |
| Sng Kheng Huat | Sng & Co |
4. Facts
- Ng Hwee Phong and Thum Sow Chan were in a romantic relationship for over 40 years but never married.
- The Sennett Lane Property was purchased in 1976 and registered in their joint names.
- The net sale proceeds of the Sennett Lane Property were deposited into a UOB joint account.
- Two million dollars was transferred from the UOB account to a BOC account.
- Thum Sow Chan withdrew $762,000 from the BOC account in March 2020.
- Ng Hwee Phong withdrew the remaining funds from both the BOC and UOB accounts and closed them.
- Both parties made financial contributions to the purchase of the Sennett Lane Property.
5. Formal Citations
- Ng Hwee Phong v Thum Sow Chan, Suit No 1045 of 2020, [2022] SGHC 145
6. Timeline
| Date | Event |
|---|---|
| Ng Hwee Phong and Thum Sow Chan met. | |
| Seacon Trading Company business commenced. | |
| Sennett Lane Property purchased. | |
| Thum Sow Chan worked full-time for Seacon. | |
| Transfer of Sennett Lane Property to Ng Hwee Phong and Thum Sow Chan as joint tenants. | |
| Sennett Lane Property sold. | |
| Net sale proceeds deposited into UOB joint account. | |
| Two cheques used to place two time deposits with Bank of China. | |
| Contract date for Thum Sow Chan’s purchase of Pine Close Flat. | |
| Transfer to Thum Sow Chan for Pine Close Flat registered. | |
| Ng Hwee Phong hospitalised after a fall. | |
| Ng Hwee Phong hospitalised again after another fall. | |
| Thum Sow Chan withdrew $762,000 from the Bank of China account. | |
| Ng Hwee Phong withdrew $761,048.42 from the Bank of China account and $5,418.20 from the UOB account and closed both accounts. | |
| Suit No 1045 of 2020 filed. | |
| Trial began. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Resulting Trust
- Outcome: The court found no presumption of resulting trust because both parties made financial contributions to the purchase price of the property.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 1048
- Severance of Joint Tenancy
- Outcome: The court held that the joint tenancy over the balance sale proceeds was severed when both parties withdrew the funds and closed the accounts.
- Category: Substantive
- Related Cases:
- [2015] BCJ No 9
- [2016] BCJ No 1355
- [2010] 3 SLR 364
- [2018] 2 SLR 84
- [2011] SGHC 64
- Joint Tenancy
- Outcome: The court presumed that the parties held the beneficial interest in the Sennett Lane Property in the same manner in which the legal interest was held, as beneficial joint tenants.
- Category: Substantive
- Related Cases:
- [2020] 5 SLR 1409
8. Remedies Sought
- Monetary damages
9. Cause of Actions
- Claim for funds withdrawn from joint account
10. Practice Areas
- Civil Litigation
- Trust Litigation
- Property Disputes
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chan Yuen Lan v See Fong Mun | High Court | Yes | [2014] 3 SLR 1048 | Singapore | Cited for the analytical framework to determine parties’ interests in property. |
| Damodaran s/o Subbarayan v Rogini w/o Subbarayan | High Court | Yes | [2020] 5 SLR 1409 | Singapore | Cited regarding the presumption of beneficial joint tenancy when legal interest is held on a joint tenancy. |
| Zeligs Estate v Janes | British Columbia Supreme Court | Yes | [2015] BCJ No 9 | Canada | Cited for the principle that sale proceeds of a property held on a joint tenancy continue to be held by the co-owners as joint tenants. |
| Zeligs Estate v Janes | British Columbia Court of Appeal | Yes | [2016] BCJ No 1355 | Canada | Cited for the principle that transferring the entirety of sale proceeds in a joint bank account to oneself and one's husband results in severance of the joint tenancy. |
| Goh Teh Lee v Lim Li Pheng Maria and others | Court of Appeal | Yes | [2010] 3 SLR 364 | Singapore | Cited for the principle that the unities of interest, title, time, and possession are prerequisites for a joint tenancy to exist. |
| Chan Lung Kien v Chan Shwe Ching | High Court | Yes | [2018] 2 SLR 84 | Singapore | Cited for the principle that conduct where one or more joint tenants operate on their own interests in the property is a recognised mode of severing a joint tenancy in equity. |
| Lee Hwee Khim Rosalind v Lee Sai Khim and others | High Court | Yes | [2011] SGHC 64 | Singapore | Cited for the principle that severance of a joint tenancy results in a tenancy in common in equal parts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Resulting trust
- Joint tenancy
- Severance of joint tenancy
- Beneficial ownership
- Sale proceeds
- Sennett Lane Property
- Bank of China account
- United Overseas Bank account
15.2 Keywords
- trusts
- joint tenancy
- property
- bank account
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Trust Law | 75 |
| Joint Tenancy | 70 |
| Property Law | 65 |
| Resulting Trust | 60 |
| Equity | 50 |
| Civil Procedure | 30 |
| Contract Law | 20 |
16. Subjects
- Trusts
- Property Law
- Banking Law