KHOO JEE CHEK v LIM BENG TIONG

[2023] SGHC 233 High Court (General Division) 23 August 2023 HC/S 819/2021

8 cases cited (6 SG, 2 foreign) Cited by 2 cases

Key facts

Court	High Court (General Division)
Decided	23 August 2023
Judge	Audrey Lim
Charges / claim	Trusts
Counsel	Nakoorsha Law Corporation, Shook Lin & Bok LLP, Charles Lim Chong Guang, Liew Zhi Hao, Michelle Tang Hui Ming, Nakoorsha bin Abdul Kadir, Rasveen Kaur

Source: [2023] SGHC 233, High Court (General Division), decided 23 August 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Trusts — Constructive trusts Trusts — Resulting trusts — Presumed resulting trusts — Whether monetary contributions towards ancillary costs of purchasing property should be taken into account in determining parties’ respective beneficial shares in that property

Practice Areas

Trusts

Judges (1)

Audrey Lim Delivered

Counsel (7)

Nakoorsha Law Corporation Firm Shook Lin & Bok LLP Firm

Charles Lim Chong Guang Counsel for the defendant

Liew Zhi Hao Counsel for the defendant

Michelle Tang Hui Ming Counsel for the plaintiff Nakoorsha bin Abdul Kadir Counsel for the plaintiff Rasveen Kaur Counsel for the plaintiff

Parties (2)

Khoo Jee Chek Plaintiff

Lim Beng Tiong Defendant

Case Significance

Khoo Jee Chek v Lim Beng Tiong [2023] SGHC 233 is a reserved judgment of Audrey Lim J in the General Division of the High Court, delivered on 23 August 2023 in Suit No 819 of 2021. The plaintiff, Mr Khoo Jee Chek, and the defendant, Mr Lim Beng Tiong, are registered joint tenants of a two-storey commercial property in a development called "T-Space". Mr Khoo claims the parties hold the property beneficially in equal shares, while Mr Lim claims to be the sole beneficial owner or, alternatively, to beneficially own 99% with only 1% held by Mr Khoo. The judgment addresses constructive and presumed resulting trusts, including whether monetary contributions towards the ancillary costs of purchasing property should be taken into account in determining the parties' respective beneficial shares.

Summary

Khoo Jee Chek and Lim Beng Tiong were registered joint tenants of a two-storey commercial property in the T-Space development, and Khoo claimed they held it beneficially in equal shares while Lim claimed sole or 99% ownership. The dispute concerned their respective beneficial interests under a presumed resulting trust based on their monetary contributions. Applying the resulting trust presumption, the court held Khoo held 38.38% and Lim 61.62% of the beneficial interest, and indicated a clean break was appropriate.

What was Khoo Jee Chek v Lim Beng Tiong [2023] SGHC 233 about?

It was a High Court dispute before Audrey Lim J between joint tenants Khoo Jee Chek and Lim Beng Tiong over the beneficial ownership of a two-storey commercial property in the "T-Space" development, turning on resulting and constructive trusts, decided on 23 August 2023.

What did each party claim in [2023] SGHC 233?

Khoo Jee Chek claimed the parties held the T-Space property beneficially in equal shares, while Lim Beng Tiong claimed to be the sole beneficial owner or, alternatively, to hold a 99% beneficial share with only 1% owned by Khoo.