Hong Alvin v Chia Quee Khee
Jurisdiction | Singapore |
Judge | Quentin Loh J |
Judgment Date | 18 November 2011 |
Neutral Citation | [2011] SGHC 249 |
Court | High Court (Singapore) |
Docket Number | Suit No 423 of 2010 (Registrar’s Appeal No 1 of 2011) |
Published date | 23 November 2011 |
Year | 2011 |
Hearing Date | 16 March 2011,01 March 2011,04 March 2011 |
Plaintiff Counsel | Lee Eng Beng SC and Lynette Koh (Rajah & Tann LLP) |
Defendant Counsel | Ang Cheng Hock SC and Jason Chan (Allen & Gledhill LLP),Christopher Daniel (Advocatus Law LLP),B Ganeshamoorthy (Cornerstone Law LLP) |
Subject Matter | Civil Procedure |
Citation | [2011] SGHC 249 |
This is an appeal by the 1
The Respondent, an advocate and solicitor, is an executor and trustee appointed under the will dated 23 January 2007 (“the Will”) of the deceased Mr Peter Fong (“the Testator”). The other three executors and trustees under the Will are the Appellant, Ms Linda Kao (“Linda”, who is the 2
The Testator, who was also known as “Piti Kulkasetr”, appears to have been a successful businessman. He set up Airtrust (Singapore) Ltd (“AT”) in 1972 with dealings in the power, oil and gas industries. He held a majority of its issued and paid up share capital. The Testator’s last will was made on 23 January 2007, (there is a codicil dated 21 March 2008 which is not relevant for the issues raised here). According to the Statement of Claim, he was diagnosed with cancer sometime in 2007 and passed away on 25 April 2008.
Almost 8 years before his death, on 13 May 2000, the Testator incorporated the Fong Foundation Ltd (which is the 4
Sometime on or around 3 January 2006,
Linda is the incumbent Managing Director of AT, whilst AT’s other directors are Carolyn, Anthony Craig Stiefel (“Stiefel”), Evelyn, Denis Atkinson (“Atkinson”) and the Respondent. Evelyn was the Testator’s personal assistant having started as a clerk in AT sometime around June 1974.
During the course of submissions, I was informed that a tussle for control has ensued amongst the directors of AT. Linda, Evelyn and the Respondent are on one side while Carolyn, the Appellant, Atkinson and Stiefel are on the other. I was told that the following proceedings are extant:
In his Statement of Claim, the Respondent alleged that the AT Shares were transferred to the Fong Foundation on trust for the specific purpose of carrying the Testator’s intention that the Fong Foundation would control, operate and manage the business of AT and its subsidiary and associate companies after his death, through the directors of the Fong Foundation as appointed by the Testator. The Respondent pleads that it was the intention of the Testator that the Appellant would cease to be a director of the Fong Foundation after the Testator’s death and that the Respondent would replace the Appellant as director in the Fong Foundation. The Respondent says this was told to the Respondent on a number of occasions by the Testator. The material terms of the alleged trust thus required the Appellant to step down as a director of the Fong Foundation upon the Testator’s death and for the Respondent to be appointed in his stead. According to the Respondent, these terms were set out in Clauses 3 and 4 of the Will. Clauses 3 and 4, which are set out in paragraph 19 of the Statement of Claim, read as follows:
The reference to “fifty-one per cent (51%) of my Shares” ... in Airtrust Singapore Pte Ltd” above means 51% of the 100% shares in the Company and not 51% of my 65.59% shares held by me in the Company, and likewise 51% of the Company’s shares in its subsidiaries and associated companies.
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The Respondent’s pleaded reliefs as against the Appellant are:
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