SIR CORNELIUS SEAN SULLIVAN V HILL CAPITAL PTE. LTD. & ANOR

[2024] SGHC 198 High Court (General Division) 1 August 2024 • HC/OA 820/2023 ( HC/SUM 843/2024 ) • 40 min read
17 cases cited (12 SG, 5 foreign)

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (3)

Case Significance

Sullivan, Sir Cornelius Sean v Hill Capital Pte Ltd and another [2024] SGHC 198 was a judgment of the General Division of the High Court delivered by Kristy Tan JC on 1 August 2024, in Originating Application No 820 of 2023 (Summons No 843 of 2024), following hearings on 3 May and 24 July 2024. It concerned striking out, trustees, and when a fiduciary relationship arises. The applicant, Sir Cornelius Sean Sullivan, was represented by Drew & Napier LLC, including Jonathan Mok; the second respondent, Ban Su Mei, was represented by WongPartnership LLP, including Lim Wei Lee.

The judgment recorded that HC/SUM 843/2024 was an application by the second respondent in OA 820 to strike out the whole of the action against her, which Kristy Tan JC granted. The court set out the background that on 30 August 1995 the applicant's late father, Mr Joseph Sullivan, executed two discretionary trusts referred to as the "Anchor Trust" and the "Anchor Two Trust" by deed under the law of the Isle of Man. The beneficiaries of the Anchor Trust were Mr J Sullivan and the Anchor Two Trust, and the beneficiaries of the Anchor Two Trust were Mr J Sullivan and his issue. The first respondent, Hill Capital Pte Ltd, was a Singapore-incorporated company providing trust administration services.

Summary

Sir Cornelius Sean Sullivan commenced proceedings against Hill Capital Pte Ltd, the trustee of two discretionary trusts established by his late father, and Ms Ban Su Mei, its sole shareholder and director, seeking accounts and declarations that Hill Capital had breached its duties as trustee and that Ms Ban had breached fiduciary duties owed to the trust beneficiaries; Ms Ban applied to strike out the whole of the action against her. The General Division of the High Court granted the striking out application, finding insufficient evidence to establish a cause of action against Ms Ban and no triable disputes of fact warranting conversion of the proceedings. The court ordered that the action against Ms Ban be struck out and dismissed, with directions for written submissions on costs if not agreed.

What did the court decide in Sullivan v Hill Capital [2024] SGHC 198?

In [2024] SGHC 198, Kristy Tan JC granted the second respondent Ban Su Mei's application in HC/SUM 843/2024 to strike out the whole of the action against her in Originating Application No 820 of 2023, in a matter concerning trustees and fiduciary relationships.

What were the Anchor Trusts in [2024] SGHC 198?

The Anchor Trust and Anchor Two Trust were two discretionary trusts executed by deed under Isle of Man law on 30 August 1995 by the applicant's late father, Mr Joseph Sullivan. Hill Capital Pte Ltd, a Singapore company, provided trust administration services.

Cases Cited (17)

SG (2)
[2011] SGHC 249 [2020] SGHC 146
SLR (10)
[1997] 3 SLR(R) 649 [1999] 1 SLR(R) 964 [2013] 4 SLR 308 [2017] 1 SLR 654 [2020] 4 SLR 85 [2021] 5 SLR 188 [2022] 2 SLR 1018 [2022] 2 SLR 1250 [2022] 5 SLR 837 [2023] 5 SLR 806
UK (4)
[1896] 1 Ch 199 [1911] 1 Ch 618 [1969] 2 WLR 427 [1978] 1 WLR 540
AU (1)
[2014] WASC 436

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 198)