HENRY QUEK PENG HOCK v CHIA SWEE HUN

[2023] SGHC 162 High Court (General Division) 1 June 2023 HC/S 778/2021 81 min read
10 cases cited

Key facts

Court High Court (General Division)
Decided
Judge Audrey Lim
Charges / claim Equity, Gifts, Trusts
Counsel JCP Law LLC, Nicholas & Tan Partnership LLP, Nine Yards Chambers LLC, Cheong Yon-Wen Jeremy, Chia Wei Lin Rebecca, Markus Kng Tian Sheng, Nicholas Narayanan, Qua Bi Qi, Yeo Lai Hock, Nichol

Source: [2023] SGHC 162, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (9)

Parties (2)

Case Significance

Quek Peng Hock Henry (suing by his litigation representative, Quek Lee Tiam) v Chia Swee Hun [2023] SGHC 162 is a reserved judgment of Audrey Lim J in the General Division of the High Court, delivered on 1 June 2023 in Suit No 778 of 2021. The plaintiff, Mr Henry Quek, a 62-year-old Singaporean, suffered strokes on 26 June 2020 and 8 October 2020, and on 4 August 2021 the court found he lacked capacity and appointed his sister Mdm Quek Lee Tiam ("Judy") as his deputy under the Mental Capacity Act 2008. Judy brought the suit to claim various assets from the defendant, Ms Chia Swee Hun, alleging Chia held them on trust for Henry, or alternatively that any gifts were invalid for lack of capacity, undue influence or unconscionability, and that some assets had been converted; the assets claimed included a Kuala Lumpur property purchased in June 2015 for RM479,050.

[2023] SGHC 162 explained

HENRY QUEK PENG HOCK v CHIA SWEE HUN ([2023] SGHC 162) is a Singapore judgment decided by the High Court (General Division) on 1 June 2023. It is categorised under Equity, Gifts, and Trusts. 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 162 about?

HENRY QUEK PENG HOCK v CHIA SWEE HUN ([2023] SGHC 162) is a High Court (General Division) decision from 2023. Its published catchwords are “Equity — Conversion”, “Gifts — Inter vivos”, “Trusts — Resulting trusts”, and “Trusts — Constructive trusts”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC 162 consider?

The judgment refers to Civil Law Act (Cap 43) and Mental Capacity Act (Cap 177A). The statutes cited are listed in full on this page, each linking to its primary text.

Summary

Henry Quek, a stroke patient lacking mental capacity, sued through his deputy sister to recover assets worth several million dollars, including a Kuala Lumpur property, bonds, bank withdrawals, and jewellery, alleged to be held on trust by Chia Swee Hun or invalidly gifted under undue influence. The High Court found in the plaintiff's favour on the disputed assets, ordering Chia to transfer the KL property held on resulting trust, account for various withdrawals, and pay $943,000 for the watches and jewellery.

What was Quek Peng Hock Henry v Chia Swee Hun [2023] SGHC 162 about?

It was a trusts and gifts dispute before Audrey Lim J, decided on 1 June 2023, in which 62-year-old Henry Quek, who lacked capacity after two strokes, sued through his deputy sister Judy to recover assets held by Chia Swee Hun.

What claims were advanced in [2023] SGHC 162?

The plaintiff claimed the assets were held on resulting or constructive trust for Henry Quek, or that any gifts to Chia Swee Hun were invalid for lack of capacity, undue influence or unconscionability, and that some assets, including a RM479,050 Kuala Lumpur property, had been converted.

Statutes Cited

Cases Cited (10)

SLR (10)
[2001] 1 SLR(R) 771 [2008] 2 SLR(R) 108 [2013] 4 SLR 308 [2014] 3 SLR 1048 [2015] 4 SLR 81 [2015] 5 SLR 541 [2017] 1 SLR 141 [2017] 1 SLR 654 [2017] 2 SLR 964 [2019] 1 SLR 349

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 162)