DDP & Anor v DDR & Anor

[2023] SGHC 285 High Court (General Division) 10 October 2023 HC/OA 657/2023

4 cases cited (3 SG, 1 foreign) Cited by 1 case

Key facts

Court	High Court (General Division)
Decided	10 October 2023
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 10 October 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Insolvency Law — Avoidance of transactions — Transactions at an undervalue Insolvency Law — Avoidance of transactions — Transactions defrauding creditors

Practice Areas

Insolvency Law

Judges (1)

Goh Yihan Delivered

Counsel (6)

Ling Law Corporation Firm

Shook Lin & Bok LLP Firm

Jerelyn Tay Yee Ying Counsel for the defendant

Lin Weiwen Moses Counsel for the plaintiff

Loo Chieh Ling Kate Counsel for the defendant

Manvindar Kaur Sethi D/O Sarwan Singh Counsel for the plaintiff

Parties (4)

The Registrar of Titles Defendant

DDP Plaintiff

DDQ Plaintiff

DDR Defendant

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.

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.