Ong Wui Swoon v Ong Wui Teck: Accounting of Estate Assets and Breach of Duty
Ong Wui Swoon sued Ong Wui Teck in the High Court of Singapore on 30 October 2012, alleging that the Defendant failed in his duty as an administrator of their late father's estate to render an accurate account of its assets and asserting a beneficial interest in the sale proceeds of a private property. The court found that the Defendant had not given a proper account of the assets of the Estate and ordered an inquiry before the Registrar of the Supreme Court to determine the total number of shares owned by the Estate and the value of all the Estate’s assets.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Inquiry ordered before the Registrar of the Supreme Court to determine the total number of shares owned by the Estate and the value of all the Estate’s assets.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff sued Defendant for failing to accurately account for their father's estate assets and sought damages for breach of duty. The court ordered an inquiry.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Wui Teck | Defendant | Individual | Inquiry ordered | Lost | |
| Ong Wui Swoon | Plaintiff | Individual | Inquiry ordered | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Soh Gim Chuan | Soh Wong & Yap |
| Carolyn Tan Beng Hui | Tan & Au LLP |
| Au Thye Chuen | Tan & Au LLP |
4. Facts
- The Plaintiff and the Defendant are siblings.
- The Plaintiff alleged that the Defendant failed in his duty as an administrator of their late father's estate.
- The Plaintiff sought an account from the Defendant of all the Estate’s assets, as well as damages for the Defendant’s breach of duty as an administrator of the Estate.
- The Plaintiff claimed that the Sea Avenue property was held by the Defendant on trust for the Father from the time of purchase in 1983.
- The Defendant maintained that the August 2011 Account was accurate.
- The Defendant denied that he had wrongfully and in breach of trust converted the Estate’s assets.
- The Defendant argued that the Sea Avenue property was never held on trust for the Father.
5. Formal Citations
- Ong Wui Swoon v Ong Wui Teck, Suit No 385 of 2011/S, [2012] SGHC 216
6. Timeline
| Date | Event |
|---|---|
| Father died intestate | |
| Deputy Commissioner of Estate Duties certified the payment of estate duty | |
| Grant of Letters of Administration was issued by the High Court | |
| Ong Wui Tee committed suicide | |
| Pemimpin Place property was bought and transferred to the Defendant’s wife | |
| Sea Avenue property was sold by the Defendant | |
| Mother left a will | |
| Mother passed away | |
| Defendant filed District Court Suit No 2260 of 2005/H to uphold the validity of the will | |
| Will was upheld by the District Court | |
| Action was originally commenced as Magistrate’s Court Suit No 10516 of 2010/B | |
| Plaintiff applied to transfer the proceedings to the High Court | |
| Assistant Registrar granted the application for summary judgment | |
| Defendant tendered the August 2011 Account to the High Court and the Plaintiff | |
| Report was prepared by the Accountant | |
| Judgment reserved |
7. Legal Issues
- Breach of Duty
- Outcome: The court found that the Defendant had not given a proper account of the assets of the Estate.
- Category: Substantive
- Sub-Issues:
- Failure to render an accurate account of estate assets
- Failure to distribute estate assets to beneficiaries
- Accounting of Estate Assets
- Outcome: The court ordered an inquiry before the Registrar of the Supreme Court to determine the total number of shares owned by the Estate and the value of all the Estate’s assets.
- Category: Substantive
- Sub-Issues:
- Completeness of estate duty schedule
- Accuracy of August 2011 account
- Limitation
- Outcome: The court found that the Defendant’s failure to appeal against the Summary Judgment is dispositive of the issue, and obviates the need in this case to examine the merits of any argument on limitation, laches or acquiescence.
- Category: Procedural
8. Remedies Sought
- Account of Estate Assets
- Damages for Breach of Duty
- Declaration of Beneficial Interest in Property
9. Cause of Actions
- Breach of Duty as Administrator
- Breach of Trust
- Failure to provide accurate accounting
10. Practice Areas
- Estate Litigation
- Trust Litigation
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Loftus | N/A | Yes | [2007] 1 WLR 591 | United Kingdom | Cited to discuss the limitation period applicable to an action for an account and for payment of amounts found due upon the taking of the account in the context of estate administration. |
| Re Estate of Tan Kow Quee | N/A | Yes | [2007] 2 SLR(R) 417 | Singapore | Cited to support the point that Section 32 of the Limitation Act preserves a defendant’s right to raise a defence of laches or acquiescence, notwithstanding the operation of any provision in the Limitation Act. |
| Re Yap Teck Hee | N/A | Yes | (1940) 9 MLJ 122 | Straits Settlements | Cited in the context of an estate administration suit where the court dealt with the arguments on limitation by looking at the substance and not the form of the claimed relief. |
| Mayer v Murray | N/A | Yes | (1878) 8 Ch D 424 | N/A | Cited to support the point that having been ordered in the Summary Judgment to give an account, the Defendant becomes liable to pay any amount found due from him. |
| Doss v Doss | N/A | Yes | (1843) 3 Moo Ind App 175 | N/A | Cited to support the point that having been ordered in the Summary Judgment to give an account, the Defendant becomes liable to pay any amount found due from him. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
| Trustees Act (Cap 337, 2005 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Estate
- Administrator
- Beneficial Interest
- Trust
- Account
- Estate Duty
- Intestate
- Summary Judgment
- Laches
- Acquiescence
15.2 Keywords
- Estate
- Trust
- Accounting
- Breach of Duty
- Administrator
- Beneficiary
- Inquiry
- Shares
- Assets
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Estate Administration | 95 |
| Trust Law | 70 |
| Succession Law | 60 |
| Trusts and Estates | 50 |
| Property Law | 30 |
16. Subjects
- Trusts
- Estates
- Civil Litigation
- Accounting