DDP & Anor v DDR & Anor

[2023] SGHC 285 High Court (General Division) 10 October 2023 HC/OA 657/2023 24 min read
4 cases cited (3 SG, 1 foreign) Cited by 1 case

Key facts

Court High Court (General Division)
Decided
Judge Goh Yihan
Charges / claim Insolvency Law
Counsel Ling Law Corporation, Shook Lin & Bok LLP, Jerelyn Tay Yee Ying, Lin Weiwen Moses, Loo Chieh Ling Kate, Manvindar Kaur Sethi D/O Sarwan Singh

Source: [2023] SGHC 285, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (6)

Parties (4)

Case Significance

DDP and another v DDR (a minor) and another [2023] SGHC 285 is a reserved judgment of Goh Yihan J in the General Division of the High Court, delivered on 10 October 2023 in Originating Application No 657 of 2023. The claimants, the joint and several private trustees of the bankruptcy estate of [B], sought a declaration that the transfer of the beneficial interest in a property from [B] to his son (the first defendant), made under a Declaration of Trust dated 3 July 2020, was an undervalue transaction within section 361 of the Insolvency, Restructuring and Dissolution Act 2018, and alternatively that it was made with intent to defraud creditors within section 438 of the IRDA. The Registrar of Titles was joined as the second defendant.

[2023] SGHC 285 explained

DDP & Anor v DDR & Anor ([2023] SGHC 285) is a Singapore judgment decided by the High Court (General Division) on 10 October 2023. It is categorised under Insolvency Law. 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 285 about?

DDP & Anor v DDR & Anor ([2023] SGHC 285) is a High Court (General Division) decision from 2023. Its published catchwords are “Insolvency Law — Avoidance of transactions — Transactions at an undervalue” and “Insolvency Law — Avoidance of transactions — Transactions defrauding creditors”, 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 285 consider?

The judgment refers to Conveyancing and Law of Property Act (Cap 61), Insolvency Act, Insolvency, Restructuring and Dissolution Act, and Law of Property Act, among other provisions. The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGHC 285?

Within this corpus, [2023] SGHC 285 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

The private trustees of a bankrupt's estate applied to set aside the transfer of beneficial interest in a property from the bankrupt to his minor son under a 2020 declaration of trust, arguing it was a transaction at an undervalue under s 361 and a transaction defrauding creditors under s 438 of the Insolvency, Restructuring and Dissolution Act 2018. The High Court granted the declaration of undervalue and consequential orders setting aside the trust deed and vesting the property in the estate, but made no order on the s 438 claim absent full arguments.

What was DDP v DDR [2023] SGHC 285 about?

It was an application by the private trustees of a bankruptcy estate before Goh Yihan J, decided on 10 October 2023, to set aside a bankrupt's transfer of a property's beneficial interest to his son as an undervalue transaction or a transaction defrauding creditors.

Which statutory provisions were in issue in [2023] SGHC 285?

The trustees relied on section 361 of the Insolvency, Restructuring and Dissolution Act 2018, on transactions at an undervalue, and, in the alternative, section 438, on transactions defrauding creditors, to challenge a transfer made under a Declaration of Trust dated 3 July 2020.

Statutes Cited

s 423
Insolvency, Restructuring and Dissolution Act Cases on this Act →
Law of Property Act Cases on this Act →
s 172
Restructuring and Dissolution Act Cases on this Act →

Cases Cited (4)

SLR (3)
[2021] 4 SLR 809 [2022] 2 SLR 158 [2023] 3 SLR 590
UK (1)
[2022] 1 WLR 61

Cited By (1)

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 285)