Ng Hong Khiang v Wu Cuiyun: Property Sale, Oral Agreement, and Division of Proceeds Dispute

In Ng Hong Khiang v Wu Cuiyun, before the General Division of the High Court of Singapore on February 24, 2023, Ng Hong Khiang sought an order to sell a property registered under Wu Cuiyun's name, claiming an oral agreement for proportional division of sale proceeds based on contributions. Wu Cuiyun denied the agreement, asserting Ng Hong Khiang's contribution was a gift. The court found an oral agreement existed, but determined Ng Hong Khiang's contribution to be 15.4% of the purchase price and costs. The court ordered the property to be sold and 15.4% of the sale proceeds to be paid to Ng Hong Khiang.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

The Court ordered that the Property be sold and 15.4% of the sale proceeds be paid to the Applicant.

1.3 Case Type

Civil

1.4 Judgment Type

Oral Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court case involving Ng Hong Khiang and Wu Cuiyun over the sale of a property and division of proceeds based on an alleged oral agreement.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Hong KhiangApplicantIndividualPartial JudgmentPartial
Wu CuiyunRespondentIndividualJudgment AgainstLost

3. Judges

Judge NameTitleDelivered Judgment
Tan Siong ThyeJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Lynette Chang Huay QinLighthouse Law LLC
Adrian Wee Heng YiLighthouse Law LLC
Baburam Dayalan NaiduH.A. & Chung Partnership

4. Facts

  1. The Applicant and Respondent were in a romantic relationship when the Property was purchased in 2014.
  2. The Property was registered wholly in the name of the Respondent.
  3. The Applicant claimed an oral agreement to contribute to the purchase and divide sale proceeds proportionally.
  4. The Respondent denied the oral agreement, claiming the Applicant's contribution was a gift.
  5. The Applicant made payments totaling S$139,098.00 towards the purchase price and costs of the Property.
  6. The Respondent obtained a loan of S$630,000.00 secured by a mortgage on the Property.
  7. The Respondent also contributed S$134,000.00 towards the purchase price and costs of the Property.

5. Formal Citations

  1. Ng Hong Khiang v Wu Cuiyun, Originating Application No 221 of 2022, [2023] SGHC 45
  2. Chan Yuen Lan v See Fong Mun, , [2014] 3 SLR 1048
  3. Lau Siew Kim v Yeo Guan Chye Terence and another, , [2008] 2 SLR(R) 108

6. Timeline

DateEvent
Applicant and Respondent first became acquainted.
Applicant and Respondent entered into a romantic relationship.
Applicant and Respondent agreed to purchase the Property.
Respondent exercised the Option to Purchase in respect of the Property.
Co Victoriano Hui’s Affidavit dated.
Applicant’s Affidavit dated.
Respondent’s Affidavit dated.
Applicant’s Affidavit dated.
Hearing commenced.
Hearing continued.
Applicant’s Submissions.
Judgment issued.

7. Legal Issues

  1. Oral Agreement
    • Outcome: The court found that an oral agreement existed between the parties regarding the sale of the property and division of proceeds.
    • Category: Substantive
    • Sub-Issues:
      • Existence of oral agreement
      • Terms of oral agreement
  2. Beneficial Interest in Property
    • Outcome: The court determined that the Respondent held a share of the Property on trust for the Applicant, in line with the proportion of the Applicant’s contribution towards the purchase price and costs of the Property.
    • Category: Substantive
    • Sub-Issues:
      • Proportional division of sale proceeds
      • Resulting trust
  3. Gift vs. Investment
    • Outcome: The court found that the Applicant's contribution was not intended as a gift to the Respondent.
    • Category: Substantive
    • Sub-Issues:
      • Intention of parties
      • Consideration

8. Remedies Sought

  1. Order for Sale of Property
  2. Division of Sale Proceeds

9. Cause of Actions

  • Breach of Oral Agreement
  • Claim for Beneficial Interest in Property

10. Practice Areas

  • Real Estate Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chan Yuen Lan v See Fong MunCourt of AppealYes[2014] 3 SLR 1048SingaporeCited for the analytical framework to be applied in a property dispute involving parties who have contributed unequal amounts towards the purchase price of a property and who have not executed a declaration of trust as to how the beneficial interests in the property are to be apportioned.
Lau Siew Kim v Yeo Guan Chye Terence and anotherN/AYes[2008] 2 SLR(R) 108SingaporeCited regarding the presumption of advancement in extra-marital relationships.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Oral agreement
  • Beneficial interest
  • Resulting trust
  • Purchase price
  • Sale proceeds
  • Gift
  • Contribution
  • Property
  • Mortgage
  • Dowry

15.2 Keywords

  • property sale
  • oral agreement
  • division of proceeds
  • resulting trust
  • beneficial interest
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Interest in land90
Property Disputes80
Property Law75
Oral Agreement70
Constructive Trust65
Resulting Trust65
Contract Law60
Contracts50
Evidence Law40

16. Subjects

  • Property Dispute
  • Trusts
  • Contract Law