AW CHEE PENG v AW CHEE LOO

[2023] SGHCR 6 High Court Registrar 5 June 2023 HC/S 468/2021 ( HC/TAI 1/2023 ) 37 min read
8 cases cited

Outcome

Application dismissed

I dismissed the application and the defendant’s appeal against my decision was subsequently dismissed.

Source: [2023] SGHCR 6, High Court Registrar, decided 5 June 2023. Read directly from the judgment.

Key facts

Court High Court Registrar
Decided
Judge Gan Kam Yuin
Charges / claim Evidence, Civil Procedure, Land
Outcome Application dismissed
Counsel Wong Tan & Molly Lim LLC, Yuen Law LLC, Cai Enhuai Amos, Kieran Jamie Pillai, Lim Haan Hui, Low Ziron, Philip Ling, Tian Keyun

Source: [2023] SGHCR 6, High Court Registrar, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (2)

Case Significance

Aw Chee Peng v Aw Chee Loo [2023] SGHCR 6 is a reserved judgment of AR Gan Kam Yuin in the General Division of the High Court, heard from 17 to 19 January 2023 and delivered on 5 June 2023 in Suit No 468 of 2021 (Taking of Accounts and Inquiries No 1 of 2023). The taking of accounts and inquiries arose out of a family quarrel between two brothers, plaintiff Aw Chee Peng and defendant Aw Chee Loo, over the rental proceeds of two family properties at 12 Jalan Gelenggang ("No 12") and 12A Jalan Gelenggang ("No 12A"). Following the earlier judgment reported at [2022] 5 SLR 451, the defendant had been held liable to account personally to the plaintiff for receiving more than his share of rents or profits under s 73A of the Conveyancing and Law of Property Act; the catchwords also address admissibility of documentary evidence, adverse inferences and an offer to settle.

[2023] SGHCR 6 explained

AW CHEE PENG v AW CHEE LOO ([2023] SGHCR 6) is a Singapore judgment decided by the High Court Registrar on 5 June 2023. It is categorised under Evidence, Civil Procedure, and Land. It is a recent decision; within this corpus no later judgment has cited it yet. 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] SGHCR 6 about?

AW CHEE PENG v AW CHEE LOO ([2023] SGHCR 6) is a High Court Registrar decision from 2023. Its published catchwords are “Evidence — Adverse inferences”, “Civil Procedure — Offer to Settle”, “Evidence — Admissibility of evidence — Documentary evidence”, and “Land — Interest in land — Liability of co-owner to account — Section 73A of the Conveyancing and Law of Property Act”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHCR 6 consider?

The judgment refers to Conveyancing and Law of Property Act (Cap 61) and Evidence Act (Cap 97). The statutes cited are listed in full on this page, each linking to its primary text.

Summary

This taking of accounts and inquiries arose from a dispute between brothers Aw Chee Peng and Aw Chee Loo over rental proceeds from two family properties at Jalan Gelenggang, following an earlier judgment holding the defendant liable to account under section 73A of the Conveyancing and Law of Property Act from 1 January 2021. The Assistant Registrar assessed the net rental amount at $182,707.44 after allowing certain expenses, and ordered the defendant to pay the plaintiff his one-third share of $60,902.48, plus interest at 5.33% per annum.

What was Aw Chee Peng v Aw Chee Loo [2023] SGHCR 6 about?

It was a taking of accounts and inquiries before AR Gan Kam Yuin, delivered on 5 June 2023, between brothers Aw Chee Peng and Aw Chee Loo over rental proceeds from two family properties at 12 and 12A Jalan Gelenggang.

What statute governed the co-owner's liability to account in [2023] SGHCR 6?

The defendant had been held liable to account personally to the plaintiff for receiving more than his share of rents or profits from the properties under s 73A of the Conveyancing and Law of Property Act, with the Evidence Act also engaged.

Statutes Cited

Cases Cited (8)

SG (2)
[2005] SGCA 4 [2022] SGCA(I) 8
SLR (6)
[2004] 3 SLR(R) 267 [2006] 3 SLR(R) 769 [2015] 5 SLR 231 [2018] 2 SLR 1070 [2020] 2 SLR 336 [2022] 5 SLR 451

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] SGHCR 6)