CHEE YIN MEH v ONG KIAN GUAN & 2 Ors

[2023] SGHC(A) 34 High Court (Appellate Division) 27 October 2023 AD/CA 113/2022

4 cases cited

Key facts

Court	High Court (Appellate Division)
Decided	27 October 2023
Judges	Andre Maniam, Debbie Ong Siew Ling, Kannan Ramesh
Charges / claim	Land, Equity, Trust
Counsel	Allen & Gledhill LLP, Ang & Partners, Chan Chee Yin Andrew, Chew Jing Wei, Edwin Teong Ying Keat, Fu Xiangming Max, Goh Kok Leong, Lee Suet Yean Cherlyn, Navin Kumar s/o Tamil Selvan, Tay Yu Xi, Yeo Alexander Lawrence Han Tiong

Source: [2023] SGHC(A) 34, High Court (Appellate Division), decided 27 October 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Land — Residential Property Act Equity — Estoppel — Proprietary estoppel Trust — Constructive trusts — Common intention constructive trusts

Practice Areas

Land Equity Trust

Judges (3)

Andre Maniam Delivered Debbie Ong Siew Ling Coram Kannan Ramesh Coram

Counsel (11)

Allen & Gledhill LLP Firm Ang & Partners Firm Chan Chee Yin Andrew Counsel for the respondent Chew Jing Wei Counsel for the respondent Edwin Teong Ying Keat Counsel for the respondent Fu Xiangming Max Counsel for the appellant Goh Kok Leong Counsel for the appellant Lee Suet Yean Cherlyn Counsel for the respondent Navin Kumar s/o Tamil Selvan Counsel for the appellant Tay Yu Xi Counsel for the respondent Yeo Alexander Lawrence Han Tiong Counsel for the respondent

Parties (4)

Chee Yin Meh Appellant

Goh Yeow Kiang Victor Respondent

Khor Boon Hong Respondent

Ong Kian Guan Respondent

Case Significance

Chee Yin Meh v Ong Kian Guan and others [2023] SGHC(A) 34 is a grounds of decision of the Appellate Division of the High Court, comprising Kannan Ramesh JAD, Debbie Ong Siew Ling JAD and Andre Maniam J, with Andre Maniam J delivering the grounds on 27 October 2023 in Civil Appeal No 113 of 2022. The appeal concerned whether a foreign person could, under the Residential Property Act, acquire an estate or interest in residential property by way of a common intention constructive trust or proprietary estoppel. Mdm Chee Yin Meh sought a declaration that her bankrupt husband Mr Fan Kow Hin held half of the beneficial interest in the Sunrise Drive property on trust for her; the court upheld the trial judge's decision that this was not permissible under the Act.

Summary

In this appeal, Mdm Chee Yin Meh sought a declaration that her bankrupt husband held half the beneficial interest in a residential property at Sunrise Drive on trust for her, relying on a common intention constructive trust and proprietary estoppel. The key issue was whether a foreign person could acquire an interest in residential property by these means under the Residential Property Act. The Appellate Division upheld the trial judge's decision that this was not permissible, dismissed the appeal, and ordered indemnity costs of $50,000 plus disbursements of $8,000.

What was Chee Yin Meh v Ong Kian Guan [2023] SGHC(A) 34 about?

It concerned whether Mdm Chee Yin Meh, a foreign person, could acquire an interest in the Sunrise Drive residential property held by her bankrupt husband through a common intention constructive trust or proprietary estoppel under the Residential Property Act, decided on 27 October 2023.

How did the court rule in [2023] SGHC(A) 34?

The Appellate Division upheld the trial judge's decision that a foreign person could not, under the Residential Property Act, acquire an estate or interest in residential property by way of a common intention constructive trust or proprietary estoppel.