Suhaidah bte Mohd Noor and another (trustees and executors of the estate of Haji Hassan bin Haji Ismail, deceased) v Syed Ahmad Jamal Alsagoff

Suhaidah bte Mohd Noor and another (trustees and executors of the estate of Haji Hassan bin Haji Ismail, deceased) v Syed Ahmad Jamal Alsagoff

Dismissal of originating summons: the affidavits and documents before the court were insufficient to resolve the substantial factual dispute whether all trust documents had been handed over; because a substantial dispute of fact existed the proper procedure was to commence by writ and the court declined to exercise its discretion under O 28 r 8 to treat the summons as a writ; accordingly the originating summons was dismissed but plaintiffs were given liberty to file a fresh writ.

Citation
[2014] SGHC 116
Parties
Plaintiff Trustee and Executor of the Estate of Haji Hassan Bin Haji Ismail: Suhaidah bte Mohd Noor; Plaintiff Trustee and Executor of the Estate of Haji Hassan Bin Haji Ismail: Sheik Nawaz bin Mohd Fadel; Defendant Former Trustee: Syed Ahmad Jamal Alsagoff
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
25 June 2014
Case Number
Originating Summons No 1079 of 2013
Procedural Posture
Originating Summons No 1079 of 2013 / Judgment (dismissed) 25 June 2014
Outcome
Plaintiffs' originating summons dismissed; plaintiffs granted liberty to file a fresh writ; costs awarded to defendant on a standard basis to be agreed or taxed
Legal Topics
Handover of Trust Documents, Breach of Trust, Enforcement of Settlement Agreement, Originating Summons Versus Writ, Affidavit Evidence Versus Oral Evidence
Source Language
English
Trusts Equity Civil Procedure Contract Law Discovery and Disclosure Handover of Trust Documents Breach of Trust Enforcement of Settlement Agreement +2 more

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Parties

Suhaidah bte Mohd Noor

Plaintiff Trustee and Executor of the Estate of Haji Hassan Bin Haji Ismail

Sheik Nawaz bin Mohd Fadel

Plaintiff Trustee and Executor of the Estate of Haji Hassan Bin Haji Ismail

Syed Ahmad Jamal Alsagoff

Defendant Former Trustee

Procedural Posture

Originating Summons No 1079 of 2013 / Judgment (dismissed) 25 June 2014

Legal Issues

  1. 1 Whether defendant discharged duty/contractual obligation to hand over all trust documents
  2. 2 Whether originating summons was the proper procedure or the matter should proceed by writ due to substantial disputes of fact

Ratio Decidendi

Dismissal of originating summons: the affidavits and documents before the court were insufficient to resolve the substantial factual dispute whether all trust documents had been handed over; because a substantial dispute of fact existed the proper procedure was to commence by writ and the court declined to exercise its discretion under O 28 r 8 to treat the summons as a writ; accordingly the originating summons was dismissed but plaintiffs were given liberty to file a fresh writ.

Court Disposition

Plaintiffs' originating summons dismissed; plaintiffs granted liberty to file a fresh writ; costs awarded to defendant on a standard basis to be agreed or taxed

Orders

  • OS 1079/2013 dismissed
  • Liberty for plaintiffs to file a fresh writ on the claim