Aw Chee Peng v Aw Chee Loo: Accounting for Rental Proceeds Dispute
In a dispute between brothers Aw Chee Peng and Aw Chee Loo, the General Division of the High Court of Singapore addressed the taking of accounts and inquiries regarding rental proceeds from family properties. The court determined the amount the defendant, Aw Chee Loo, must pay the plaintiff, Aw Chee Peng, for rental income received from the properties from 1 January 2021 onwards. The court found that the defendant was liable to account to the plaintiff for receiving more than his share of rents or profits arising from the properties under section 73A of the Conveyancing and Law of Property Act. The court ultimately ruled in favor of the plaintiff, ordering the defendant to pay a specified sum along with interest.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Accounting dispute between brothers, Aw Chee Peng and Aw Chee Loo, over rental proceeds from family properties. The court determined the amount Aw Chee Loo must pay Aw Chee Peng.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Aw Chee Peng | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Aw Chee Loo | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Gan Kam Yuin | Assistant Registrar | Yes |
4. Counsels
4. Facts
- The parties, who are brothers, were in dispute over the rental proceeds from two family properties.
- The defendant was found liable to account to the plaintiff for receiving more than his share of rents or profits from the properties from 1 January 2021 onwards.
- The defendant initially concealed the fact that he had received rental income from one of the properties.
- The defendant sought to set off expenses incurred in connection with the properties and another family property.
- The court found that the defendant had not properly proved certain expenses claimed as set-offs.
- The court rejected the defendant's argument that he should be allowed to set off expenses incurred in connection with another family property.
5. Formal Citations
- Aw Chee Peng v Aw Chee Loo, Suit No 468 of 2021 (Taking of Accounts and Inquiries No 1 of 2023), [2023] SGHCR 6
6. Timeline
| Date | Event |
|---|---|
| Defendant's full and unmodified liability to account to the plaintiff dates from this day | |
| Rental income accounting period begins | |
| No 12 rented at monthly rental of $7,950.00 | |
| New tenancy agreement for No 12 entered into at reduced monthly rental of $7,600.00 | |
| Judgment ordering the defendant to account was delivered | |
| Defendant's accounting affidavit filed | |
| Plaintiff’s Notice of Non-Admission of Authenticity of Documents was served | |
| Answers to Interrogatories | |
| Application filed by the defendant asking the Court to order that the Properties be sold | |
| Offer to Settle served | |
| Defendant applied to transfer the TAI to the State Courts | |
| Rental income accounting period ends | |
| Plaintiff's application for an unless order granted | |
| Defendant's application for an extension of time for the exchange of the AEICs for the TAI hearing granted | |
| Huang Zhenglong returned to China | |
| Defendant's Affidavit of Evidence-in-Chief filed | |
| TAI hearing started | |
| Tee Kim Ming Leslie testified | |
| Zheng Guangjun testified | |
| Wu Mengling testified | |
| 19 January 2023 TAI hearing | |
| Judgment reserved |
7. Legal Issues
- Liability of co-owner to account for rental proceeds
- Outcome: The court held the defendant liable to account to the plaintiff for receiving more than his share of rents or profits arising from the properties.
- Category: Substantive
- Admissibility of documentary evidence
- Outcome: The court found that the defendant failed to properly prove the authenticity of certain documents, rendering them inadmissible as evidence.
- Category: Procedural
- Drawing of adverse inferences
- Outcome: The court declined to draw a general adverse inference against the defendant but considered the defendant's conduct in assessing the evidence.
- Category: Procedural
- Offer to Settle and Costs
- Outcome: The court found that the defendant's Offer to Settle did not meet the requirements to attract costs consequences under Order 22A and awarded costs to the plaintiff.
- Category: Procedural
8. Remedies Sought
- Account of rental income
- Payment of share of rental proceeds
9. Cause of Actions
- Accounting for rental proceeds
10. Practice Areas
- Commercial Litigation
- Property Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Aw Chee Peng v Aw Chee Loo | General Division of the High Court | Yes | [2022] 5 SLR 451 | Singapore | Sets out the facts of the dispute between the parties. |
| Chua Kok Tee David v DBS Bank Ltd | High Court | Yes | [2015] 5 SLR 231 | Singapore | Cited for the principle that it is for the defendant to prove that he returned the difference of $1,050.00 to the tenant. |
| Ong Jane Rebecca v Lim Lie Hoa and Others | Court of Appeal | Yes | [2005] SGCA 4 | Singapore | Cited to distinguish between a common account and an account on the basis of wilful default. |
| UVJ and others v UVH and others and another appeal | Court of Appeal | Yes | [2020] 2 SLR 336 | Singapore | Cited to distinguish between a common account and an account on the basis of wilful default. |
| Baker, Michael A (executor of the estate of Chantal Burnison, deceased) v BCS Business Consulting Services Pte Ltd | Court of Appeal | Yes | [2022] SGCA(I) 8 | Singapore | Cited regarding the trustee’s duty to provide proper, complete, and accurate justification and documentation. |
| Jet Holding Ltd and others v Cooper Cameron (Singapore) Pte Ltd and another and other appeals | Court of Appeal | Yes | [2006] 3 SLR(R) 769 | Singapore | Cited regarding the admissibility of documents and the effect of a notice of non-admission. |
| Resorts World at Sentosa Pte Ltd v Goel Adesh Kumar and another appeal | Court of Appeal | Yes | [2018] 2 SLR 1070 | Singapore | Cited regarding the requirements for an Offer to Settle to attract costs consequences under Order 22A of the Rules of Court 2014. |
| Man B&W Diesel S E Asia Pte Ltd and another v PT Bumi International Tankers and another appeal | Court of Appeal | Yes | [2004] 3 SLR(R) 267 | Singapore | Cited regarding the requirements for an Offer to Settle to attract costs consequences under Order 22A of the Rules of Court 2014. |
13. Applicable Rules
| Rule Name |
|---|
| Order 27 r 4(1) of the Rules of Court (2014 Rev Ed) |
| Order 22A of the Rules of Court 2014 |
| Order 22A r 9(5) of the Rules of Court 2014 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 73A of the Conveyancing and Law of Property Act | Singapore |
| Evidence Act 1893 | Singapore |
| Section 105 of the Evidence Act 1893 | Singapore |
| Section 116(g) of the Evidence Act 1893 | Singapore |
| Section 66 of the Evidence Act 1893 | Singapore |
| Section 67 of the Evidence Act 1893 | Singapore |
| Section 64 of the Evidence Act 1893 | Singapore |
| Section 65 of the Evidence Act 1893 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Taking of accounts and inquiries
- Rental proceeds
- Set-off of expenses
- Adverse inference
- Offer to Settle
- Accounting affidavit
- Affidavit of Evidence-in-Chief
- Properties
- Dedap Residence
15.2 Keywords
- Accounting
- Rental
- Property
- Family Dispute
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Accounting and Inquiry | 90 |
| Civil Procedure | 85 |
| Evidence | 70 |
| Liability of co-owner to account | 60 |
| Property Law | 60 |
| Interest in land | 50 |
| Documentary evidence | 40 |
| Contract Law | 30 |
16. Subjects
- Property
- Family Law
- Civil Litigation