PETER KWEE SENG CHIO v LAI SENG KWOON

[2025] SGHC 46 High Court (General Division) 20 March 2025 • HC/S 373/2022|HC/OC 257/2022 • 28 min read
1 cases cited Cited by 1 case

Catchwords

Trusts — Constructive trusts — Common intention constructive trust Trusts — Resulting trusts — Presumed resulting trusts — Father purchasing residential properties in daughter’s sole name — Whether father was ultimate source of funds — Whether presumption of resulting trust arises Trusts — Resulting trusts — Presumption of advancement — Father providing for adult daughter’s housing, employment and daily expenses — Whether presumption of advancement arises — Whether presumption of advancement rebutted

Practice Areas

Trusts

Judges (1)

Philip Jeyaretnam Delivered

Counsel (9)

Chong Chia & Lim LLC Firm Shook Lin & Bok LLP Firm Charan Punya Abhay Counsel Defendant Chong Kuan Keong Counsel Plaintiff Fong Zhiwei Daryl Counsel Defendant Lai Wei Kang Louis Counsel Defendant Tay Yan Xia Counsel Plaintiff Wang Song Xin Counsel Plaintiff Yong Ying Jie Counsel Defendant

Parties (4)

Kwee Hui Ling, Karen Third Party Lai Seng Kwoon Defendant Low Kai Yang Plaintiff Peter Kwee Seng Chio Plaintiff

Case Significance

[2025] SGHC 46 is a High Court (General Division) decision dated 20 March 2025 concerning Trusts, specifically addressing constructive trusts and resulting trusts. The judgment was delivered by Philip Jeyaretnam. The case was brought by Low Kai Yang and others (plaintiff) against Lai Seng Kwoon (defendant). Legal representation was provided by Chong Chia & Lim LLC and Shook Lin & Bok LLP. The judgment cites 1 case and references 2 statutory provisions, including the Insolvency Restructuring and Dissolution Act and the Restructuring and Dissolution Act. This decision has been cited by 1 subsequent judgment in the dataset.

Summary

A father claimed resulting or constructive trusts over two residential properties purchased in his bankrupt daughter's sole name, seeking to recover them from the private trustee in bankruptcy. The court dismissed the father's claims, finding that the presumption of advancement applied to an adult daughter whom the father had consistently supported financially, and the father failed to rebut this presumption with sufficient evidence of a common intention for trust.

What was decided in [2025] SGHC 46?

[2025] SGHC 46 (PETER KWEE SENG CHIO v LAI SENG KWOON) is a High Court (General Division) decision from 20 March 2025 addressing Trusts, specifically constructive trusts and resulting trusts. The judgment was delivered by Philip Jeyaretnam.

Who were the parties in PETER KWEE SENG CHIO v LAI SENG KWOON?

The plaintiff in [2025] SGHC 46 was Low Kai Yang, Peter Kwee Seng Chio, and the defendant was Lai Seng Kwoon. Legal representation included Chong Chia & Lim LLC and Shook Lin & Bok LLP. The case was decided on 20 March 2025 in the High Court (General Division).

Which judge decided [2025] SGHC 46?

[2025] SGHC 46 was delivered by Philip Jeyaretnam in the High Court (General Division) on 20 March 2025. The case concerned Trusts.

What cases and statutes does [2025] SGHC 46 cite?

[2025] SGHC 46 cites 1 prior decision. It references Insolvency Restructuring and Dissolution Act, Restructuring and Dissolution Act. The decision has itself been cited by 1 subsequent judgment.

Statutes Cited

Insolvency Restructuring and Dissolution Act
s 327(1)(a)
Restructuring and Dissolution Act

Cases Cited (1)

SLR (1)
[2008] 2 SLR(R) 108

Cited By (1)

[2025] SGHC 108
TIA OON LAI V SALLY TIA SOCK KIU & 2 ORS

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGHC 46)