Kow Kim Song & Anor v KOW KIM SIANG (GAO JINGXIANG)

Case Significance

Kow Kim Song and another v Kow Kim Siang [2024] SGHC 231 was decided by Goh Yihan J in the General Division of the High Court, with the hearing held on 8 August 2024 and grounds of decision delivered on 9 September 2024. The matter was Originating Application No 581 of 2024, in the matter of s 18 of the Supreme Court of Judicature Act 1969. The applicants, Kow Kim Song and Kow Meow Chuan (Gao Miaozhuang), applied under s 18(2) of the Supreme Court of Judicature Act 1969 (2020 Rev Ed), read with the First Schedule to that Act, for the primary order that a property be sold in the open market and the net sale proceeds divided between the applicants and the respondent, Kow Kim Siang (Gao Jingxiang). The parties are biological siblings.

The catchwords identify the case as concerning land and the sale of land under court order. At the end of the hearing on 8 August 2024, Goh Yihan J dismissed the application with brief reasons, providing detailed reasons in the grounds to explain why the application was considered insufficiently particularised and premature in so far as the parties were still engaged in good faith discussions. The judgment observed that a party should not use the procedure under s 18(2) of the SCJA read with the First Schedule to cut short discussions aimed at an amicable resolution to the prospective sale of a property. The judgment referred to the Evidence Act and the Supreme Court of Judicature Act. The applicants were represented by Adel Law LLC, while the respondent was represented by Kim & Co, including Lim Kim Hong.