CHEE YIN MEH v SIM GUAN SENG & 2 Ors

CHEE YIN MEH v SIM GUAN SENG & 2 Ors

Because the plaintiff had expressly placed her financial contributions at issue in the originating summons and accompanying affidavits, documents evidencing the source and flow of funds were relevant and necessary; discovery was therefore ordered but limited to outstanding account statements and transactions of or exceeding SGD 20,000, with directions for prompt bank requests and filing of a list of documents, without prejudice to further discovery later.

Citation
[2018] SGHCR 14
Parties
Plaintiff / Respondent: Chee Yin Meh; Defendant / Applicant: Sim Guan Seng; Defendant / Applicant: Khor Boon Hong; Defendant / Applicant: Goh Yeow Kiang Victor
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
24 October 2018
Case Number
HC/OS 906/2018 ( HC/SUM 4259/2018 )
Procedural Posture
Originating Summons No 906 of 2018 / Application for Specific Discovery (summons No 4259 of 2018); Decision by Assistant Registrar
Outcome
Application granted in part (specific discovery ordered with limitations)
Legal Topics
Discovery of Documents, Constructive Trust, Common Intention Constructive Trust
Source Language
English
Civil Procedure Trusts Discovery of Documents Constructive Trust Common Intention Constructive Trust

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Chee Yin Meh

Plaintiff / Respondent

Sim Guan Seng

Defendant / Applicant

Khor Boon Hong

Defendant / Applicant

Goh Yeow Kiang Victor

Defendant / Applicant

Procedural Posture

Originating Summons No 906 of 2018 / Application for Specific Discovery (summons No 4259 of 2018); Decision by Assistant Registrar

Legal Issues

  1. 1 Whether documents relating to the Plaintiff's financial contributions to the purchase and renovation of the property are relevant to a claim of a common intention constructive trust
  2. 2 Whether specific discovery of those documents is necessary under O 24 r 7 of the Rules of Court and, if so, the appropriate scope and limits

Ratio Decidendi

Because the plaintiff had expressly placed her financial contributions at issue in the originating summons and accompanying affidavits, documents evidencing the source and flow of funds were relevant and necessary; discovery was therefore ordered but limited to outstanding account statements and transactions of or exceeding SGD 20,000, with directions for prompt bank requests and filing of a list of documents, without prejudice to further discovery later.

Court Disposition

Application granted in part (specific discovery ordered with limitations)

Orders

  • Specific discovery ordered limited to outstanding account statements identified by the Defendants and limited to transactions of or exceeding SGD 20,000
  • Plaintiff to request the relevant banks for the specified account information within two weeks