Ong & Ors v Ping

Ong & Ors v Ping

The court found that Madam Lim executed a trust deed in 1986, which, read with contemporaneous documents, manifested a valid discretionary trust over 39 Sheldon Avenue for the benefit of Tjoan, Elton, and the children. The requirements of section 53(1)(b) Law of Property Act 1925 were satisfied. The trust was not revoked or voidable for mistake, as Madam Lim understood she was creating a trust. The claimants did not fail to exercise reasonable diligence in discovering the trust deed. The Collier and Coleridge Orders and the mesne profits order were set aside as they were obtained by Madam Lim's fraud, but the Rich Order was not set aside as there was no material fraud. The children are...

Parties
First Claimant: Jane Rebecca Ong; Second Claimant: Alexander Ong; Third Claimant: Nicholas Ong; Fourth Claimant: Jordana Ong; Defendant: Ong Siauw Ping
Jurisdiction
England and Wales
Judgment Date
17 June 2015
Procedural Posture
Civil Trusts/property / Judgment After Trial
Outcome
Declarations granted as to existence of discretionary trust; Collier Order, Coleridge Order, and mesne profits order set aside for fraud; Rich Order not set aside; application for rectification refused as unnecessary; application to set aside writ of possession refused as academic; application to remove Ping as...
Legal Topics
Declaration of Trust, Rectification, Rescission for Mistake, Setting Aside Judgment for Fraud, Abuse of Process, Beneficiary Rights, Trustee Removal
Trusts Property Law Civil Procedure Declaration of Trust Rectification Rescission for Mistake Setting Aside Judgment for Fraud Abuse of Process +2 more

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Parties

Jane Rebecca Ong

First Claimant

Alexander Ong

Second Claimant

Nicholas Ong

Third Claimant

Jordana Ong

Fourth Claimant

Ong Siauw Ping

Defendant

Procedural Posture

Civil Trusts/property / Judgment After Trial

Legal Issues

  1. 1 Whether a valid discretionary trust was created over 39 Sheldon Avenue by Madam Lim in 1986
  2. 2 Whether the trust deed should be rectified to include the property
  3. 3 Whether the trust was revoked or could be rescinded for mistake

Ratio Decidendi

The court found that Madam Lim executed a trust deed in 1986, which, read with contemporaneous documents, manifested a valid discretionary trust over 39 Sheldon Avenue for the benefit of Tjoan, Elton, and the children. The requirements of section 53(1)(b) Law of Property Act 1925 were satisfied. The trust was not revoked or voidable for mistake, as Madam Lim understood she was creating a trust. The claimants did not fail to exercise reasonable diligence in discovering the trust deed. The Collier and Coleridge Orders and the mesne profits order were set aside as they were obtained by Madam Lim's fraud, but the Rich Order was not set aside as there was no material fraud. The children are...

Court Disposition

Declarations granted as to existence of discretionary trust; Collier Order, Coleridge Order, and mesne profits order set aside for fraud; Rich Order not set aside; application for rectification refused as unnecessary; application to set aside writ of possession refused as academic; application to remove Ping as...

Orders

  • Declaration that a discretionary trust was created over 39 Sheldon Avenue by Madam Lim in 1986 for the benefit of Tjoan, Elton, and the children.
  • Declaration that the proceeds of sale of the house are subject to the trust.