Goh Siam Teow v Lim Tung Hee Arthero: Sale of Property Under Court Order for Person Lacking Capacity

In Goh Siam Teow v Lim Tung Hee Arthero, the High Court of Singapore ordered the sale of a property co-owned by Goh Siam Teow, a person lacking capacity, and her son, Lim Tung Hee Arthero. The court granted the application for sale, with proceeds to be divided equally between the parties, to fund Goh Siam Teow's medical expenses. The respondent resisted the application, but the court found that the sale was the most equitable solution.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Application granted; property to be sold with proceeds divided equally between the applicant and the respondent.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Court orders sale of property co-owned by a person lacking capacity and her son, with proceeds split equally, to fund her medical expenses.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Goh Siam TeowApplicantIndividualApplication grantedWonLim Kim Hong
Arthero Lim Tung HeeRespondentIndividualApplication grantedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Lim Kim HongKim & Co.

4. Facts

  1. Goh Siam Teow is 89 years old and suffers from dementia.
  2. Lim Sai Hong is Goh Siam Teow's litigation representative.
  3. Arthero Lim Tung Hee is Goh Siam Teow's son and co-owner of the property.
  4. Goh Siam Teow and Arthero Lim Tung Hee own the property as tenants-in-common in equal shares.
  5. Arthero Lim Tung Hee resides in the property and rents out two rooms for income.
  6. Goh Siam Teow resides with Lim Sai Hong and has not received any rental proceeds.
  7. The property's value is approximately $700,000.
  8. Goh Siam Teow's medical expenses are a financial burden.

5. Formal Citations

    6. Timeline

    DateEvent
    Supreme Court of Judicature Act enacted
    Parties acquired a flat at Lorong 5 Toa Payoh in joint names
    Goh Siam Teow purchased the Property in joint names with the respondent
    Goh Siam Teow began residing with Lim Sai Hong
    Mental Capacity Act enacted
    Joint tenancy severed
    Subsidiary certificate of title issued
    Order of court granted in FC/ORC 4061/2022
    Originating Application No 701 of 2022 filed
    Judgment reserved
    Judgment delivered

    7. Legal Issues

    1. Sale of Land
      • Outcome: Court ordered the sale of the property.
      • Category: Substantive
    2. Mental Capacity to Initiate Legal Action
      • Outcome: Court found that the litigation representative had the power to apply for the property to be sold.
      • Category: Procedural

    8. Remedies Sought

    1. Order for sale of property

    9. Cause of Actions

    • No cause of actions

    10. Practice Areas

    • Real Estate Law
    • Estate Planning
    • Litigation

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    No cited cases

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Supreme Court of Judicature Act 1969Singapore
    Mental Capacity Act 2008Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Litigation representative
    • Mental capacity
    • Tenants-in-common
    • Sale of property
    • Medical expenses
    • Best interests
    • Deputy
    • Apportionment of sale proceeds

    15.2 Keywords

    • property sale
    • mental capacity
    • litigation representative
    • tenants-in-common
    • medical expenses
    • Singapore
    • High Court

    16. Subjects

    • Civil Procedure
    • Real Estate
    • Mental Health Law

    17. Areas of Law

    • Land Law
    • Mental Capacity Law
    • Civil Procedure