LAU SHENG JAN, ALISTAIR v LAU CHEOK JOO RICHARD & Anor

Q: Which legislation does [2023] SGHC 196 consider?

The judgment refers to Criminal Justice Act, Evidence Act (Cap 97), Stamp Duties Act (Cap 312), and Supreme Court of Judicature Act (Cap 322), among other provisions. The statutes cited are listed in full on this page, each linking to its primary text.

[2023] SGHC 196 High Court (General Division) 21 July 2023 HC/OA 492/2022 54 min read

14 cases cited (7 SG, 7 foreign) Cited by 1 case

Key facts

Court	High Court (General Division)
Decided	21 July 2023
Judge	Goh Yihan
Charges / claim	Trusts
Counsel	Kim & Co, WongPartnership LLP, Andrea Ang Si Min, Chan Yu Xin, Lim Kim Hong, Lim Teng Jie

Source: [2023] SGHC 196, High Court (General Division), decided 21 July 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Trusts — Unlawful trusts — Whether trust is a sham trust Trusts — Unlawful trusts — Whether trust is unenforceable for illegality

Practice Areas

Trusts

Judges (1)

Goh Yihan Delivered

Counsel (6)

Kim & Co Firm WongPartnership LLP Firm Andrea Ang Si Min Counsel Respondent Chan Yu Xin Counsel Respondent Lim Kim Hong Counsel Applicant Lim Teng Jie Counsel Applicant

Parties (3)

Lau Cheok Joo Richard Respondent Lau Sheng Jan, Alistair Applicant Sng Gek Hong Cynthia Respondent

Case Significance

Lau Sheng Jan Alistair v Lau Cheok Joo Richard and another [2023] SGHC 196 is a reserved judgment of Goh Yihan JC in the General Division of the High Court, delivered on 21 July 2023 in Originating Application No 492 of 2022, brought in the matter of Section 18(2) of the Supreme Court of Judicature Act 1969. The applicant, Lau Sheng Jan Alistair, sought a declaration that the Trust Deed dated 27 July 2020 be terminated and that the property which is its subject matter be transferred from the joint trustee respondents — his parents, Lau Cheok Joo Richard and Sng Gek Hong Cynthia, who have since separated — to him. While the second respondent had no objection, the first respondent opposed the application; the main issue was whether, applying the rule in Saunders v Vautier (1841) 4 Beav 115, the applicant could rely on his right as sole beneficiary to terminate the Trust, complicated by factual disputes over whether the Trust truly benefited him or was to avoid Additional Buyer's Stamp Duty, with catchwords addressing sham trusts and illegality.

[2023] SGHC 196 explained

LAU SHENG JAN, ALISTAIR v LAU CHEOK JOO RICHARD & Anor ([2023] SGHC 196) is a Singapore judgment decided by the High Court (General Division) on 21 July 2023. It is categorised under Trusts. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. 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 196 about?

LAU SHENG JAN, ALISTAIR v LAU CHEOK JOO RICHARD & Anor ([2023] SGHC 196) is a High Court (General Division) decision from 2023. Its published catchwords are “Trusts — Unlawful trusts — Whether trust is a sham trust” and “Trusts — Unlawful trusts — Whether trust is unenforceable for illegality”, 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 196 consider?

The judgment refers to Criminal Justice Act, Evidence Act (Cap 97), Stamp Duties Act (Cap 312), and Supreme Court of Judicature Act (Cap 322), among other provisions. The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGHC 196?

Within this corpus, [2023] SGHC 196 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

Lau Sheng Jan Alistair sought a declaration terminating a 2020 trust deed and transfer of a $4.925m property held by his separated parents as joint trustees, relying on his right as sole beneficiary under the rule in Saunders v Vautier. The father objected, arguing the trust was a sham created to avoid Additional Buyer's Stamp Duty and was illegal. The court found the trust genuine, not a sham nor illegal, and allowed the application to terminate the trust.

What was Lau Sheng Jan Alistair v Lau Cheok Joo Richard [2023] SGHC 196 about?

It was a High Court application before Goh Yihan JC, decided on 21 July 2023, in which Lau Sheng Jan Alistair sought to terminate a Trust Deed dated 27 July 2020 and have the property transferred to him from his parents as joint trustee respondents.

What was the main issue in [2023] SGHC 196?

The main issue was whether, applying the rule in Saunders v Vautier (1841) 4 Beav 115, the applicant could terminate the Trust as sole beneficiary, complicated by disputes over whether it truly benefited him or was to avoid Additional Buyer's Stamp Duty, raising sham trust and illegality questions.