Chong Sze Pak v Chong Ser Yoong: Trust over HDB Flat Dispute
In a dispute between Chong Sze Pak and Chong Ser Yoong, the High Court of Singapore, presided over by Justice Woo Bih Li on 26 May 2011, addressed a claim by Chong Sze Pak for the net sale proceeds of a Housing and Development Board flat, arguing that Chong Ser Yoong held the property in trust for him. The court found that the defendant held the property in trust for the plaintiff and his son, but ruled the trust null and void under the Housing and Development Act. Consequently, the court ordered each party to bear their own costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Each party to bear his own costs of the action.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over net sale proceeds of a Housing and Development Board flat. The court found the trust was null and void, ordering each party to bear their own costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chong Sze Pak | Plaintiff, Appellant | Individual | Each party to bear his own costs | Neutral | |
| Chong Ser Yoong | Defendant | Individual | Each party to bear his own costs | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gurdaib Singh | Gurdaib, Cheong & Partners |
| James Joseph | Prestige Legal LLP |
4. Facts
- Plaintiff claimed net sale proceeds of a Housing and Development Board flat from the defendant.
- Plaintiff is the elder brother of the defendant.
- Defendant disputed that he held the property in trust for the plaintiff.
- The property is a Housing and Development Board flat in McNair Road.
- The plaintiff has appealed against the substantive decision to the Court of Appeal.
- The defendant has obtained leave to appeal against the decision on costs.
5. Formal Citations
- Chong Sze Pak v Chong Ser Yoong, Suit No 539 of 2010, [2011] SGHC 135
6. Timeline
| Date | Event |
|---|---|
| Suit filed in 2010 | |
| Judgment delivered on factual and legal issues | |
| Decision on costs delivered |
7. Legal Issues
- Validity of Trust
- Outcome: The court found that the trust was null and void.
- Category: Substantive
- Costs
- Outcome: The court ordered each party to bear his own costs.
- Category: Procedural
8. Remedies Sought
- Net sale proceeds of property
9. Cause of Actions
- Breach of Trust
10. Practice Areas
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Housing and Development Act (Cap 129, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Housing and Development Board flat
- Trust
- Net sale proceeds
- Housing and Development Act
15.2 Keywords
- Housing and Development Board
- HDB
- Trust
- Property
- Sale Proceeds
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Trust Law | 75 |
| Property Law | 60 |
| Costs | 50 |
| Civil Procedure | 40 |
| Succession | 30 |
16. Subjects
- Trusts
- Property Law
- Civil Procedure