Boey Tien Seng v Saw Chee Kian: Misrepresentation & Fiduciary Duty in Property Sale

In a Singapore High Court case before Kan Ting Chiu J, Boey Tien Seng and Neo Aik Geok, the plaintiffs, sued Saw Chee Kian and Gean Saw alias Ong Yee Chin, the defendants, for specific performance of a property sale agreement. The defendants brought in Sadique Marican & Z M Amin (a firm) and Lim Eng Kiat @ Dean (“Dean Lim”) as third parties. The claim against Dean Lim was for damages for negligent and/or fraudulent misrepresentations and breach of fiduciary duties. The court dismissed the defendants' claim against Dean Lim, the second third party, with costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Defendants' claim against the second third party is dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

A property sale dispute involving misrepresentation and breach of fiduciary duty claims. The court dismissed the claims against the housing agent.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Boey Tien SengPlaintiffIndividual
Neo Aik GeokPlaintiffIndividual
Saw Chee KianDefendantIndividual
Gean Saw alias Ong Yee ChinDefendantIndividual
Sadique Marican & Z M Amin (a firm)Third PartyPartnership
Lim Eng Kiat @ DeanThird PartyIndividualClaim DismissedDismissed

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Poonaam BaiT S Oon & Bazul
Oon Thian SengT S Oon & Bazul
Brown Anthony PereiraBrown Pereira & Co

4. Facts

  1. Plaintiffs sued defendants for specific performance of a property sale agreement.
  2. Defendants claimed Dean Lim made negligent/fraudulent representations.
  3. Defendants alleged Dean Lim breached his fiduciary duties.
  4. Second defendant issued an "Exclusive Authorisation to Sell" to PN Realty.
  5. The expected selling price was S$550,000.
  6. Second defendant did not disclose two bank loans to Dean Lim.
  7. Kelvin Lee claimed Dean Lim admitted the plaintiffs were his clients.

5. Formal Citations

  1. Boey Tien Seng and Another v Saw Chee Kian and Another, Suit 696/2007, [2008] SGHC 204

6. Timeline

DateEvent
Defendants bought the flat for about $813,000.
Second defendant issued an "Exclusive Authorisation to Sell" to PN Realty Pte Ltd.
Exclusive authorization to sell commenced.
Exclusive authorization to sell expired.
Second defendant met with Dean Lim and Chavez Ong (date disputed).
Plaintiffs made an offer to buy the flat for $550,000 and paid an option fee.
Kelvin Lee had a telephone conversation with Dean Lim.
Judgment reserved.

7. Legal Issues

  1. Misrepresentation
    • Outcome: The court found that the defendants failed to prove that Dean Lim made the alleged misrepresentations.
    • Category: Substantive
  2. Breach of Fiduciary Duty
    • Outcome: The court found that the defendants failed to prove that Dean Lim acted for both the defendants and the plaintiffs, and therefore, there was no breach of fiduciary duty.
    • Category: Substantive

8. Remedies Sought

  1. Specific Performance
  2. Monetary Damages

9. Cause of Actions

  • Breach of Contract
  • Negligence
  • Breach of Fiduciary Duty
  • Misrepresentation

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Option to Purchase
  • CPF account
  • Exclusive Authorisation to Sell
  • Market Value
  • Housing Agent
  • Property
  • Top up

15.2 Keywords

  • property sale
  • misrepresentation
  • fiduciary duty
  • housing agent
  • contract
  • singapore

17. Areas of Law

Area NameRelevance Score
Misrepresentation90
Fiduciary Duties85
Agency Law70
Breach of Contract60

16. Subjects

  • Contract Dispute
  • Property Law
  • Agency Law