Ching Chew Weng Paul v Ching Pui Sim and Others
Jurisdiction | Singapore |
Court | High Court (Singapore) |
Judge | Steven Chong JC |
Judgment Date | 04 December 2009 |
Neutral Citation | [2009] SGHC 277 |
Citation | [2009] SGHC 277 |
Subject Matter | Trusts,Revenue Law |
Defendant Counsel | Chan Hian Young/Ramesh Kumar (Allen & Gledhill LLP),Sivakumar Murugaiyan (Madhavan Partnership) |
Docket Number | Suit No 594 of 2008 |
Published date | 11 February 2010 |
Plaintiff Counsel | Hri Kumar Nair SC/Wendell Wong/Wilson Wong (Drew & Napier LC) |
Date | 04 December 2009 |
4 December 2009 |
Judgment reserved. |
Steven Chong JC:
Introduction
Background Facts
Company |
shares |
total issued |
K K Holdings (Pte) Ltd (“KK Holdings”) |
2 |
50.00% |
National Aerated Water Singapore Pte Ltd |
72,270 |
5.16% |
National Aerated Water Co Sdn Bhd |
233,700 |
5.19% |
Kwong Soon Engineering Company Pte Ltd |
240,000 |
20.00% |
Kheng Cheong & Co Pte Ltd |
100,000 |
20.00% |
Kheng Cheong & Co Sdn Bhd |
10,000 |
20.00% |
Siong Heng Realty Pte Ltd (“Siong Heng Realty”) |
100[note: 1] |
20.00% |
Seng Realty & Development Pte Ltd |
765,000[note: 2] |
1.34% |
Company |
shares |
total issued |
KK Holdings |
1 |
25.00% |
National Aerated Water Singapore Pte Ltd |
117,374 |
8.38% |
Seng Heng Realty Pte Ltd |
32,000[note: 3] |
20.00% |
(a) an order that the Trust Assets be transferred to the plaintiff by the first, second and fourth defendants;
(b) an order that the first, second and/or fourth defendants provide to the plaintiff an account of all dividends, income, interests, and/or other payments arising from their respective portions of those Trust Assets; and
(c) an order for all sums found to be due to the plaintiff upon the taking of such account to be paid to the plaintiff.
13 Alternatively, the plaintiff seeks the following orders if the court upholds the 1982 Trusts:
(a) an order that the Trust Assets be transferred to the estate of K K Ching by the first, second and fourth defendants;
(b) an order that the first, second and/or fourth defendants provide to the estate of K K Ching an account of all dividends, income, interests, and/or payments arising from their respective portions of those Trust Assets;
(c) an order that the third defendant, as executor of the estate of K K Ching, administer the assets received into the estate in accordance with the Will including but not limited to declaring the same to the tax authorities for purposes of estate duty and paying any estate duty that may be levied on the same; and
(d) alternatively, an order that the third defendant be removed as executor of the estate of K K Ching and the plaintiff, or a person nominated by the plaintiff, be appointed in the third defendant’s place.
Creation of the 1982 Trusts
Were the 1982 Trusts replaced by the 1984 Trusts
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