KHOO PHAIK EAN PATRICIA & Anor v KHOO PHAIK ENG KATHERINE & 2 Ors

[2025] SGCA 20 Court of Appeal 30 April 2025 • CA/CA 34/2024 • 81 min read

27 cases cited (21 SG, 6 foreign)

Catchwords

Trusts — Resulting trusts — Ownership of moneys in joint bank accounts

Practice Areas

Trusts

Judges (3)

Belinda Ang Saw Ean Delivered Sundaresh Menon Coram Tay Yong Kwang Coram

Counsel (17)

Chan Jer Hiang & Co Firm Chung Ting Fai & Co Firm Davinder Singh Chambers LLC Firm Tan Kok Quan Partnership Firm Alcina Lynn Chew Aiping Counsel Appellant Azura Tengku Nur Azura Binte Tuan Azman Counsel Respondent Chan Jer Hiang Counsel Respondent Chung Ting Fai Counsel Respondent Clarise Chew Shu-Min Counsel Appellant Jaikanth Shankar Counsel Respondent Marina Chin Li Yuen Counsel Appellant Muk Yin Shyn Counsel Respondent Shilpa Krishnan Counsel Respondent Suhas Malhotra Counsel Respondent Sumedha Madhusudhanan Counsel Respondent Tan Tzu Kwang Paul Counsel Respondent Waverly Seong Counsel Respondent

Parties (5)

Khoo Phaik Ean Patricia Appellant Khoo Phaik Eng Katherine Respondent Khoo Phaik Lian Joyce Respondent Khoo Teng Jin Respondent Ng Eu Lin Evelyn Appellant

Case Significance

[2025] SGCA 20 is a Court of Appeal decision dated 30 April 2025 concerning Trusts, specifically addressing resulting trusts. The judgment was delivered by Belinda Ang Saw Ean, with Sundaresh Menon and Tay Yong Kwang on the coram. The case was brought by Khoo Phaik Ean Patricia and others (appellant) against Khoo Phaik Eng Katherine and others (respondent). Legal representation was provided by Tan Kok Quan Partnership and Chan Jer Hiang & Co. The judgment cites 27 cases (21 Singapore, 6 foreign) and references 2 statutory provisions, including the Evidence Act and the Monetary Authority of Singapore Act.

Summary

The appellants, the eldest daughter and wife of the deceased Dr Khoo Boo Kwee, claimed beneficial ownership by survivorship of joint bank accounts at UOB and POSB to which Dr Khoo had been the primary contributor. The central issue was whether the beneficial interests in the joint accounts passed to the surviving account holders or were held on a resulting trust for Dr Khoo's estate. The Court of Appeal dismissed the appeal, affirming that Dr Khoo intended the accounts to be shared equally by his four children and the appellants held the accounts on resulting trust for the estate.

What was decided in [2025] SGCA 20?

[2025] SGCA 20 (KHOO PHAIK EAN PATRICIA & Anor v KHOO PHAIK ENG KATHERINE & 2 Ors) is a Court of Appeal decision from 30 April 2025 addressing Trusts, specifically resulting trusts. The judgment was delivered by Belinda Ang Saw Ean.

Who were the parties in KHOO PHAIK EAN PATRICIA & Anor v KHOO PHAIK ENG KATHERINE & 2 Ors?

The appellant in [2025] SGCA 20 was Khoo Phaik Ean Patricia, Ng Eu Lin Evelyn, and the respondent was Khoo Phaik Eng Katherine, Khoo Phaik Lian Joyce. Legal representation included Chan Jer Hiang & Co and Chung Ting Fai & Co. The case was decided on 30 April 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 20?

[2025] SGCA 20 was delivered by Belinda Ang Saw Ean in the Court of Appeal on 30 April 2025. Sundaresh Menon and Tay Yong Kwang also sat on the coram. The case concerned Trusts.

What cases and statutes does [2025] SGCA 20 cite?

[2025] SGCA 20 cites 27 prior decisions, including 6 from foreign jurisdictions. It references Evidence Act, Monetary Authority of Singapore Act.

Statutes Cited

Evidence Act (Cap 97)

s 94(f)

Monetary Authority of Singapore Act (Cap 186)

s 27B(1)

Cases Cited (27)

SG (4)

[2021] SGCA 69 [2021] SGHC(A) 5 [2023] SGHC 314 [2023] SGHC 343

SLR (17)

[1994] 3 SLR(R) 556 [2007] 1 SLR(R) 795 [2008] 2 SLR(R) 108 [2008] 3 SLR(R) 1029 [2008] 4 SLR(R) 783 [2010] 2 SLR 1123 [2012] 2 SLR 831 [2013] 4 SLR 193 [2014] 3 SLR 1048 [2016] 3 SLR 1222 [2017] 1 SLR 654 [2019] 5 SLR 593 [2022] 5 SLR 602 [2023] 2 SLR 137 [2023] 3 SLR 229 [2023] 5 SLR 1125 [2024] 1 SLR 591

UK (6)

[1949] Ch 278 [1955] AC 431 [1967] 2 AC 291 [1969] 1 Ch 123 [2012] 3 All ER 1138 [2024] AC 346

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 20)