GOH SIAM TEOW v LIM TUNG HEE ARTHERO
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Choo Han Teck |
| Charges / claim | Land |
| Counsel | Kim & Co, Lim Kim Hong |
Source: [2023] SGHC 163, High Court (General Division), decided — eLitigation. Updated .
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Judges (1)
Counsel (2)
Parties (2)
Case Significance
Goh Siam Teow (a person lacking capacity suing by her litigation representative, Lim Sai Hong) v Lim Tung Hee Arthero [2023] SGHC 163 is a reserved judgment of Choo Han Teck J in the General Division of the High Court, heard on 25 May 2023 and delivered on 1 June 2023 in Originating Application No 701 of 2022. The applicant, Mdm Goh Siam Teow ("G"), is 89 years old, suffers from dementia and sues through her litigation representative and son Lim Sai Hong (aged 70), appointed by order in FC/ORC 4061/2022. The application, brought under s 18(2) of the Supreme Court of Judicature Act 1969 read with paragraph 2 of the First Schedule, sought leave of court to sell an HDB flat at Lorong 4 Toa Payoh valued at about $700,000, which G had purchased in 2001 in joint names with the respondent, Lim Tung Hee Arthero, before the joint tenancy was severed.
Summary
Goh Siam Teow, an 89-year-old with dementia suing through her litigation representative, applied under the Supreme Court of Judicature Act for leave to sell a Toa Payoh HDB flat worth about $700,000 held as tenants-in-common in equal shares with her son, the respondent, who resided there and collected rent. The respondent resisted on procedural and contribution grounds. The High Court ordered the property sold and proceeds divided equally, and directed the respondent to pay $12,000 in costs.
What was Goh Siam Teow v Lim Tung Hee Arthero [2023] SGHC 163 about?
It was an application before Choo Han Teck J, decided on 1 June 2023, by 89-year-old Mdm Goh Siam Teow, who has dementia, for leave to sell an HDB flat at Lorong 4 Toa Payoh valued at about $700,000, co-owned with the respondent.
Under what provision was the sale of land sought in [2023] SGHC 163?
The application was brought under s 18(2) of the Supreme Court of Judicature Act 1969 read with paragraph 2 of the First Schedule, for leave to sell the Toa Payoh flat that Mdm Goh purchased in 2001 in joint names with the respondent.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC 163)