BRITISH AND MALAYAN TRUSTEES LIMITED v AMEEN ALI SALIM TALIB & 6 ORS

Case Significance

British and Malayan Trustees Ltd v Ameen Ali Salim Talib and others [2024] SGHC 203 was a grounds of decision of the General Division of the High Court delivered by Hri Kumar Nair J on 8 August 2024, following hearings on 12 and 16 July 2024 in Originating Summons No 288 of 2022. The applicant, British and Malayan Trustees Limited, applied for relief under O 80 r 2 of the Rules of Court (2014 Rev Ed) in respect of trusts established under an Indenture of Settlement dated 10 September 1921 made by the settlor Shaik Sallim bin Mohamed bin Sallim bin Talib, together with various supplemental indentures including one dated 7 October 1933. The respondents were seven members of the Talib family, including Ameen Ali Salim Talib, Helmi bin Ali bin Talib and others.

Due to an erroneous interpretation of the terms of the trust, the trustees had for approximately two decades made over- and under-payments to several beneficiaries. The key questions were whether the over-payments could be recouped and redistributed to the beneficiaries who had been underpaid, and whether the terms of the trustees' proposed redistribution plan were appropriate. On 16 July 2024, the court issued brief written grounds ruling that the trustees had the right to recoup the over-payments. The applicant was represented by counsel from Allen & Gledhill LLP including Mak Wei Munn, Chia Su Min Rebecca and Xu Jiaxiong Daryl; the first to fifth respondents by Harry Elias Partnership LLP; and the sixth and seventh respondents by Drew & Napier LLC.