TAN CHWEE LIAN v NG PEH WAH

[2023] SGHC 121 High Court (General Division) 10 May 2023 HC/OA 25/2023 ( HC/SUM 617/2023 ) 14 min read
7 cases cited

Key facts

Court High Court (General Division)
Decided
Judge Valerie Thean
Charges / claim Trusts, Civil Procedure
Counsel Alpha Law LLC, Lawrence Chua Practice LLC, Lei Chee Kong Thomas, Yap Bock Heng Christopher

Source: [2023] SGHC 121, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (4)

Parties (2)

Case Significance

Tan Chwee Lian v Ng Peh Wah [2023] SGHC 121 is a grounds of decision of Valerie Thean J in the General Division of the High Court, delivered on 10 May 2023 in Originating Application No 25 of 2023 and Summons No 617 of 2023. The claimant, described as the Mother, aged 92 and not literate in English, sought the return of money held jointly with her daughter in two accounts opened on 14 December 2022 on a "both to sign" basis. The Mother said she did not fully understand the arrangement, preferring an "either to sign" arrangement, and applied for a declaration that the Daughter held the monies on trust. The judgment concerns presumed resulting trusts and constructive trusts.

[2023] SGHC 121 explained

TAN CHWEE LIAN v NG PEH WAH ([2023] SGHC 121) is a Singapore judgment decided by the High Court (General Division) on 10 May 2023. It is categorised under Trusts and Civil Procedure. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC 121 about?

TAN CHWEE LIAN v NG PEH WAH ([2023] SGHC 121) is a High Court (General Division) decision from 2023. Its published catchwords are “Trusts — Constructive trusts”, “Civil Procedure — Originating processes”, and “Trusts — Resulting trusts — Presumed resulting trusts”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

What earlier Singapore cases does [2023] SGHC 121 cite?

Among the in-corpus authorities it refers to are [2023] SGHC 108. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

Summary

A 92-year-old mother, not literate in English, applied for the return of money held in two UOB joint accounts opened with her daughter under a 'both to sign' arrangement, claiming the daughter held the funds on trust. The issue was whether the mother intended to benefit the daughter or whether a resulting or constructive trust arose. The High Court found the evidence showed no intention to benefit the daughter, granted a declaration of resulting trust, severed the joint tenancy, and ordered the funds returned with interest.

What was Tan Chwee Lian v Ng Peh Wah [2023] SGHC 121 about?

Valerie Thean J heard the Mother's application, aged 92 and not literate in English, for the return of money held in two joint accounts opened with her daughter on 14 December 2022 on a "both to sign" basis. The grounds of decision were delivered on 10 May 2023.

What trust issues did Tan Chwee Lian v Ng Peh Wah [2023] SGHC 121 raise?

The case concerned presumed resulting trusts and constructive trusts, arising from the Mother's claim that her daughter held on trust the monies in two joint UOB accounts, which the Mother said she had not understood would be under a "both to sign" arrangement or devolve to her daughter.

Cases Cited (7)

SG (2)
[2020] SGHC 147 [2023] SGHC 108
SLR (5)
[2006] 2 SLR(R) 285 [2008] 2 SLR(R) 108 [2014] 3 SLR 1048 [2019] 5 SLR 593 [2021] 2 SLR 377

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 121)