Santoso Winoto v Suseno Winoto: Stay of Implementation and Distribution of Property Sale Proceeds

In Santoso Winoto v Suseno Winoto and Linda Santosa, the High Court of Singapore heard an oral application by the plaintiff, Santoso Winoto, for a stay of implementation and distribution of the sale proceeds of a property. The court declined the application, finding the plaintiff's allegations regarding the source of funds for expenses irrelevant to the original order for sale. The court also noted the delay in raising these concerns. The court dismissed the application.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Stay of implementation and distribution not granted

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court declined to stay the implementation and distribution of proceeds from a property sale, finding the plaintiff's allegations irrelevant and untimely.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Santoso WinotoPlaintiffIndividualApplication for stay of implementation and distribution declinedLost
Suseno WinotoDefendantIndividualReimbursement claim partially allowedPartial
Linda SantosaDefendantIndividualAligned with first defendant's positionNeutral

3. Judges

Judge NameTitleDelivered Judgment
Aedit AbdullahJudgeYes

4. Counsels

Counsel NameOrganization
Tan Cheng KiongCK Tan Law Corporation
Teoh Seok Pin AudreyRobert Wang & Woo LLP
Chia Kia BoonRobert Wang & Woo LLP
Tai Kai Xuan MarcusAsia Law Corporation

4. Facts

  1. Plaintiff sought a stay of implementation and distribution of sale proceeds from a property.
  2. The plaintiff argued the first defendant's expenses were paid with 'illegitimate money'.
  3. The first defendant claimed the plaintiff had an ulterior motive to discover his source of funds.
  4. The second defendant aligned with the first defendant, arguing the plaintiff raised new allegations inappropriately.
  5. The court found the plaintiff's allegations irrelevant to the order for sale implementation.
  6. The court noted the plaintiff's delay in raising concerns about the funds' provenance.

5. Formal Citations

  1. Santoso Winoto v Suseno Winoto and another, Originating Summons 102 of 2021, [2023] SGHC 228

6. Timeline

DateEvent
Application for an order for sale made by the plaintiff
Court made orders, giving conduct of the sale to the first defendant
Court decision on HC/OS 102/2021 partially allowing the reimbursement claim of the first defendant
Plaintiff's letters requesting for further arguments
Plaintiff's letters requesting for further arguments
Plaintiff and first defendant's written submissions
Hearing of further arguments; oral application by the plaintiff for a stay of implementation and distribution declined
Full grounds of decision provided

7. Legal Issues

  1. Stay of Implementation and Distribution
    • Outcome: The court declined to order a stay of implementation and distribution.
    • Category: Procedural
  2. Reimbursement of Expenses
    • Outcome: The court partially allowed the reimbursement claim of the first defendant.
    • Category: Substantive

8. Remedies Sought

  1. Stay of implementation and distribution

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Retrospect Investment (S) Pte Ltd v Lateral Solutions Pte Ltd and anotherCourt of AppealYes[2020] 1 SLR 763SingaporeCited for the principle that the court has the inherent power to give consequential directions in respect of its orders and to make non-substantive amendments to its orders.
Godfrey Gerald QC v UBS AG and othersHigh CourtYes[2004] 4 SLR(R) 411SingaporeCited for the principle that the court has the inherent power to give consequential directions in respect of its orders and to make non-substantive amendments to its orders.

13. Applicable Rules

Rule Name
O 92 r 5 of the Rules of Court (2014 Rev Ed)
O 45 r 11 of the ROC 2014

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Stay of implementation
  • Distribution of sale proceeds
  • Order for sale
  • Reimbursement claim
  • Illegitimate money
  • Inherent powers of the court

15.2 Keywords

  • stay of implementation
  • distribution
  • property sale
  • reimbursement
  • inherent powers
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Civil Procedure75
Stay of Execution60
Inherent powers55
Order for Sale50
Real Estate50
Property Law50
Distribution of Proceeds45
Costs30
Contract Law25

16. Subjects

  • Civil Procedure
  • Property Law