Sun Yanyuan v Ng Yit Beng: Sale of Flat Under Court Order
In Sun Yanyuan v Ng Yit Beng, the General Division of the High Court of Singapore addressed an application by Sun Yanyuan, the applicant, for the sale of a Housing and Development Board flat co-owned with Ng Yit Beng, the respondent, and division of the sale proceeds. The court, presided over by Goh Yihan JC, considered whether it had the power to order one co-owner to compulsorily purchase the other's share. The court ordered that the respondent have the right of first refusal to purchase the applicant's share, failing which the flat would be sold on the open market. The judgment was delivered on 14 November 2022.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Orders made for respondent to have right of first refusal to purchase applicant's share of the flat, failing which the flat will be sold on the open market.
1.3 Case Type
Civil
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court considered an application for the sale of a Housing and Development Board flat and the division of proceeds, addressing the power to order compulsory purchase between co-owners.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sun Yanyuan | Applicant | Individual | Orders made for respondent to have right of first refusal to purchase applicant's share of the flat, failing which the flat will be sold on the open market. | Partial | |
| Ng Yit Beng | Respondent | Individual | Orders made for respondent to have right of first refusal to purchase applicant's share of the flat, failing which the flat will be sold on the open market. | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The applicant is the lawful widow of the deceased, Mr Ng Yit Yew.
- The deceased appointed the applicant as his executrix and sole beneficiary.
- The deceased’s estate consisted of his 30% share in the Flat.
- The remaining 70% share in the Flat is owned by the deceased’s brother, Mr Ng Yit Beng, who is the respondent.
- The applicant had difficulties communicating with the respondent.
- The respondent allegedly made several promises to the applicant to sell the Flat but never followed up.
- The respondent wishes to have the right of first refusal to buy over the applicant’s share of the Flat.
5. Formal Citations
- Sun Yanyuan v Ng Yit Beng, Originating Application No 237 of 2022, [2022] SGHC 286
6. Timeline
| Date | Event |
|---|---|
| Last Will and Testament dated | |
| Mr Ng Yit Yew passed away | |
| Family Court mediation | |
| Applicant locked out of the Flat | |
| Grant of Probate issued | |
| Hearing before Goh Yihan JC | |
| Parties' solicitors wrote in for decision | |
| Judgment delivered |
7. Legal Issues
- Sale of Land
- Outcome: The court ordered that the respondent have the right of first refusal to purchase the applicant's share, failing which the flat will be sold on the open market.
- Category: Substantive
- Related Cases:
- [2016] 3 SLR 1222
- [2019] SGHC 257
- [2016] 5 SLR 302
- Power of Court to Order Compulsory Purchase
- Outcome: The court held that it does have the power to order the sale of the flat to the respondent, at least on the basis of a right of first refusal.
- Category: Jurisdictional
- Related Cases:
- [2019] SGHC 257
- [2016] 5 SLR 302
8. Remedies Sought
- Order for sale of property
- Division of sale proceeds
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Real Estate Law
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Su Emmanuel v Emmanuel Priya Ethel Anne and another | Court of Appeal | Yes | [2016] 3 SLR 1222 | Singapore | Cited for the balancing exercise of various factors to determine whether it is necessary or expedient for a sale to be ordered in lieu of partition. |
| Tan Chor Heng v Ng Cheng Hock | High Court | Yes | [2019] SGHC 257 | Singapore | Cited for the proposition that the court is not empowered to order one co-owner to compulsorily purchase a property from the other owner; the present judgment disagrees with this approach. |
| Sumoi Paramesvaeri v Fleury, Jeffrey Gerard and another | High Court | Yes | [2016] 5 SLR 302 | Singapore | Cited as precedent supporting an order for the right of first refusal when ordering a sale in lieu of partition as between co-owners. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act 1969 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Right of first refusal
- Sale in lieu of partition
- Co-owner
- Market valuation
- Moratorium Period
15.2 Keywords
- Sale of land
- Court order
- Right of first refusal
- Co-ownership
- Partition
- Singapore
- HDB Flat
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sale of Land | 90 |
| Property Law | 80 |
| Real Estate | 75 |
| Wills and Probate | 40 |
| Family Law | 30 |
| Judgments and Orders | 30 |
| Division of Assets | 30 |
16. Subjects
- Property Law
- Estate Law