BOK v BOL & Anor

BOK v BOL & Anor

The DOT dated 26 March 2014 is set aside because the plaintiff signed it having been caused to hold a decisive mistake about its immediate legal effect by the second defendant's deliberate false representations, in circumstances of actual undue influence and an implied retainer giving rise to a presumption of undue influence, and because the transaction was unconscionable; the DOT is otherwise sufficiently certain to cover assets owned by the plaintiff at the execution date but rescission is required on equitable grounds.

Citation
[2017] SGHC 316
Parties
Plaintiff: BOK; First Defendant: BOL; Second Defendant: BOM
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
11 December 2017
Case Number
HC/S 1217/2015
Procedural Posture
Suit to Set Aside a Declaration of Trust (civil) / Judgment (high Court)
Outcome
Declaration of Trust dated 26 March 2014 set aside (rescinded)
Legal Topics
Misrepresentation, Mistake, Undue Influence (actual and Presumed), Unconscionable Transactions, Express Trusts: Certainties and Constitution, Future Property, Rescission
Source Language
English
Deeds Equity Trusts Misrepresentation Mistake Undue Influence (actual and Presumed) Unconscionable Transactions Express Trusts: Certainties and Constitution +2 more

Case Brief

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Parties

BOK

Plaintiff

BOL

First Defendant

BOM

Second Defendant

Procedural Posture

Suit to Set Aside a Declaration of Trust (civil) / Judgment (high Court)

Legal Issues

  1. 1 Whether the plaintiff signed the DOT under misrepresentation, mistake, undue influence or unconscionability
  2. 2 Whether the DOT should be set aside on those equitable grounds
  3. 3 Whether the DOT is void for uncertainty as to trust property

Ratio Decidendi

The DOT dated 26 March 2014 is set aside because the plaintiff signed it having been caused to hold a decisive mistake about its immediate legal effect by the second defendant's deliberate false representations, in circumstances of actual undue influence and an implied retainer giving rise to a presumption of undue influence, and because the transaction was unconscionable; the DOT is otherwise sufficiently certain to cover assets owned by the plaintiff at the execution date but rescission is required on equitable grounds.

Court Disposition

Declaration of Trust dated 26 March 2014 set aside (rescinded)

Orders

  • Declaration of Trust dated 26 March 2014 set aside
  • Parties to be heard on costs