Loo Look Yin v Kok Kum Yue: Dispute over Matrimonial Property Division

In Loo Look Yin v Kok Kum Yue, the High Court of Singapore addressed a dispute over the balance sum owed by Loo Look Yin (the petitioner) to Kok Kum Yue (the respondent) for the purchase of the respondent's half-share in their matrimonial property, as per an Irrevocable Deed of Understanding signed in 1986. The divorce petition was filed in 1989, and the decree nisi was made absolute in 1995. The petitioner sought to sell the property and pay the respondent his balance share of $80,000. The court ordered the petitioner to pay the balance sum of $80,040 to the respondent and ordered the sale to be completed within four months, with the petitioner entitled to all net proceeds of the sale.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Order for petitioner to pay balance sum to respondent; petitioner entitled to net proceeds of sale.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over the balance sum for the purchase of the respondent’s half-share interest in the matrimonial property. The court ordered the petitioner to pay the balance sum to the respondent.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Loo Look YinPetitionerIndividualOrder to pay balance sumLost
Kok Kum Yue (alias Koh Kum Yue)RespondentIndividualOrder for payment of balance sumWon

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Noor Mohamed MaricanMarican & Associates
William Ong Meng HwaAlpha Law LLC

4. Facts

  1. Petitioner and respondent entered into an Irrevocable Deed of Understanding in 1986 regarding the matrimonial property.
  2. The Deed stipulated that the petitioner would pay the respondent $200,000 for his half-share interest in the property.
  3. The payment was to be made in two stages: $100,000 immediately and $100,000 upon the sale of the property.
  4. The petitioner paid the respondent $100,000 in 1986 and an additional $20,000 in 1987.
  5. The petitioner sought to sell the property and pay the respondent the remaining $80,000.
  6. The respondent argued that he should receive half the current market value of the property, less the amount already received.

5. Formal Citations

  1. Loo Look Yin v Kok Kum Yue (alias Koh Kum Yue), Divorce Petition No 815 of 1989 (Summons No 600122 of 2010), [2011] SGHC 84

6. Timeline

DateEvent
Parties married
Respondent left Singapore to reside in Hong Kong
Irrevocable Deed of Understanding entered into
Divorce petition filed
Decree nisi granted
Decree nisi ordered to be made absolute
Petitioner applied to restore the petition for hearing on the ancillary matters
Judgment issued

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court enforced the terms of the Irrevocable Deed of Understanding.
    • Category: Substantive
    • Sub-Issues:
      • Interpretation of contract terms
      • Enforcement of contractual obligations

8. Remedies Sought

  1. Order for sale of property
  2. Apportionment of sale proceeds

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Divorce
  • Family Litigation
  • Contract Litigation

11. Industries

  • No industries specified

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

  • Irrevocable Deed of Understanding
  • Matrimonial property
  • Half-share interest
  • Sale proceeds
  • Balance sum

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Property Division
  • Breach of Contract
  • Singapore

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Division of Assets95
Divorce90
Family Law90
Deeds of Understanding70
Contract Law60
Breach of Contract50
Damages30
Estoppel20

16. Subjects

  • Family Law
  • Contract Law
  • Property Law