Wong Shu Kiat v Chen Jinping Michelle: Contractual Debt, Constructive & Resulting Trusts Dispute
Wong Shu Kiat and Wan Jin (Serangoon) Pte Ltd sued Chen Jinping Michelle, the personal representative of the estate of Tin Koon Ming, in the General Division of the High Court of Singapore, claiming breach of an oral agreement for a joint venture to buy and sell used cars. The plaintiffs sought repayment of the outstanding investment sum. Teh Hwee Hwee JC found that the oral agreement existed and that the estate owed the plaintiffs SGD 340,447.27. The court dismissed the claims based on constructive and resulting trusts.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment for Plaintiffs.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Oral agreement dispute over used car joint venture. Court found a debt owed but dismissed trust claims against the estate.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wong Shu Kiat | Plaintiff | Individual | Judgment for Plaintiff | Won | Sean Chen Siang En, Cheong Wei Wen John, Shermaine Lim Jia Qi |
| Wan Jin (Serangoon) Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | Sean Chen Siang En, Cheong Wei Wen John, Shermaine Lim Jia Qi |
| Chen Jinping Michelle (personal representative of the estate of Tin Koon Ming, deceased) | Defendant | Individual | Partial Judgment against Defendant | Lost | Ng Lip Chih, Lai Shueh Chien |
| Chen Jinping Michelle | Defendant | Individual | Claim Dismissed | Dismissed | Ng Lip Chih, Lai Shueh Chien |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Teh Hwee Hwee | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sean Chen Siang En | Dentons Rodyk & Davidson LLP |
| Cheong Wei Wen John | Dentons Rodyk & Davidson LLP |
| Shermaine Lim Jia Qi | Dentons Rodyk & Davidson LLP |
| Ng Lip Chih | Foo & Quek LLC |
| Lai Shueh Chien | Foo & Quek LLC |
4. Facts
- Mr. Wong and Mr. Tin entered into an oral agreement for a joint venture to purchase and sell used cars.
- Mr. Wong invested $517,047.27 in the joint venture.
- The joint venture was terminated in or around December 2018.
- Mr. Tin made partial repayment of $130,000 to Mr. Wong.
- Mr. Tin passed away on 7 July 2020.
- The plaintiffs claimed the outstanding sum of $387,047.27.
- The court found that Mr. Tin intentionally omitted to inform Mr. Wong of losses.
5. Formal Citations
- Wong Shu Kiat and another v Chen Jinping Michelle (personal representative of the estate of Tin Koon Ming, deceased) and another, Suit No 665 of 2020, [2023] SGHC 105
6. Timeline
| Date | Event |
|---|---|
| Wan Jin issued First Cheque for $336,547.27 | |
| Wan Jin issued Second Cheque for $60,800 to Millenia | |
| Wan Jin issued Third Cheque for $119,700 to Millenia | |
| Mr. Wong informed Mr. Tin of his wish to terminate the joint venture | |
| Mr. Tin accepted Mr. Wong’s termination of the joint venture | |
| Mr. Wong served his letter of demand on Mr. Tin | |
| Mr. Tin passed away | |
| Action commenced | |
| Trial began | |
| Judgment reserved | |
| Judgment reserved |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the oral agreement existed and was breached.
- Category: Substantive
- Constructive Trust
- Outcome: The court dismissed the claim based on constructive trust.
- Category: Substantive
- Resulting Trust
- Outcome: The court dismissed the claim based on resulting trust.
- Category: Substantive
8. Remedies Sought
- Repayment of Outstanding Sum
- Declaration of Trust
- Order for Account
- Equitable Compensation
9. Cause of Actions
- Breach of Contract
- Constructive Trust
- Resulting Trust
10. Practice Areas
- Commercial Litigation
11. Industries
- Automotive
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ARS v ART | High Court | Yes | [2015] SGHC 78 | Singapore | Cited for the proper approach for determining the existence of an oral agreement. |
| OCBC Capital Investment Asia Ltd v Wong Hua Choon | Court of Appeal | Yes | [2012] 4 SLR 1206 | Singapore | Cited for the principle that the first port of call in determining the existence of an alleged contract would be the relevant documentary evidence. |
| Sudha Natrajan v The Bank of East Asia Ltd | Court of Appeal | Yes | [2017] 1 SLR 141 | Singapore | Cited for the principles governing the drawing of an adverse inference. |
| Edmund Tie & Co (SEA) Pte Ltd v Savills Residential Pte Ltd | High Court | Yes | [2018] 5 SLR 349 | Singapore | Cited regarding the principle that a party is bound by its pleaded case. |
| Chan Yuen Lan v See Fong Mun | Court of Appeal | Yes | [2014] 3 SLR 1048 | Singapore | Cited for the elements of a common intention constructive trust. |
| Su Emmanuel v Emmanuel Priya Ethel Anne and another | Court of Appeal | Yes | [2016] 3 SLR 1222 | Singapore | Cited for the elements of a common intention constructive trust. |
| Ong Chai Soon v Ong Chai Koon and others | Court of Appeal | Yes | [2022] 2 SLR 457 | Singapore | Cited for the elements of a common intention constructive trust. |
| Er Kok Yong v Tan Cheng Cheng (as co-administratrix of the estate of Spencer Tuppani, deceased) and others | High Court | Yes | [2023] SGHC 58 | Singapore | Cited for the elements of a common intention constructive trust. |
| Acute Result Holdings Ltd v CGS-CIMB Securities (Singapore) Pte Ltd (formerly known as CIMB Securities (Singapore) Pte Ltd) | High Court | Yes | [2022] SGHC 45 | Singapore | Cited for the circumstances under which a resulting trust arises. |
| Lau Siew Kim v Yeo Guan Chye Terence | Unknown | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the circumstances under which a resulting trust arises. |
| Hinckley Singapore Trading Pte Ltd v Sogo Department Stores (S) Pte Ltd (under judicial management) | Court of Appeal | Yes | [2001] 3 SLR(R) 119 | Singapore | Cited regarding the unlikelihood of a trust arising in ordinary commercial transactions. |
| Attorney-General v Aljunied-Hougang-Punggol East Town Council | Unknown | Yes | [2015] 4 SLR 474 | Singapore | Cited regarding the reluctance to introduce equitable doctrines into non-familial matters. |
| V Nithia (co-administratrix of the estate of Ponnusamy Sivapakiam, deceased) v Buthmanaban s/o Vaithilingam and another | Court of Appeal | Yes | [2015] 5 SLR 1422 | Singapore | Cited for the law on pleadings. |
| Review Publishing Co Ltd and another v Lee Hsien Loong and another appeal | Unknown | Yes | [2010] 1 SLR 52 | Singapore | Cited regarding the amendment of pleadings. |
| Sheagar s/o T M Veloo v Belfield International (Hong Kong) Ltd | Unknown | Yes | [2014] 3 SLR 524 | Singapore | Cited regarding raising a new defence on appeal. |
| Asia Business Forum Pte Ltd v Long Ai Sin and another | Unknown | Yes | [2004] 2 SLR(R) 173 | Singapore | Cited regarding altering a case at the appeal stage. |
| MSP4GE Asia Pte Ltd and another v MSP Global Pte Ltd and others | Unknown | Yes | [2019] 3 SLR 1348 | Singapore | Cited regarding liability for dishonest assistance in breach of trust. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act 1893 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Joint Venture
- Oral Agreement
- Capital Injection Sum
- Outstanding Sum
- Distribution Term
- Weekly Settlement Term
- Refund Term
- Millenia Motor
- Used Cars
15.2 Keywords
- contractual debt
- constructive trust
- resulting trust
- used cars
- joint venture
- oral agreement
16. Subjects
- Contractual Debt
- Constructive Trusts
- Resulting Trusts
- Breach of Trust
- Dishonest Assistance
17. Areas of Law
- Contract Law
- Trust Law
- Debt and Recovery