Lie Djioe Boei alias Lee Yew Wee Executor of the Estate of Lioe Soei Tjin alias Liu Swee Chin (or Lie Soei Tjin also known as Liu Swee Chin), deceased v Huang Han Jiang (alias Huang Han Jiang)

• Jurisdiction: Singapore
• Judge: Choo Han Teck JC
• Judgment Date: 07 June 2000
• Neutral Citation: [2000] SGHC 107
• Court: High Court (Singapore)
• Published date: 12 March 2013
• Year: 2000
• Plaintiff Counsel: P Balagopal [Palakrishnan & Partners]
• Defendant Counsel: Jack Lee Tsen-Ta with Joanna Tan Ai Ling [Chor Pee & Partners]
• Citation: [2000] SGHC 107

JUDGMENT:

GROUNDS OF DECISION

1. In 1951 Liu Swee Chin married Huang Han Jiang under the Civil Law Ordinance, Singapore. Liu’s first husband (for whom she bore a son, Lee Yew Wee) died in the Second World War. Lee was about 6 or 7 years old when Liu married Huang. Liu bore two children for Huang; a daughter, Rose Huang, and a son, Huang Yew Bin. In their early days Huang and his family lived together with his mother and aunt in a rented house at 73 Siang Lim Park. The monthly rent was $23.50. Liu worked as a clerk at Lee Rubber Company Pte Ltd from 1951 to March 1971. Her annual salary in 1951 was $3,800 inclusive of bonus payments. Her annual pay in 1970 was $8,200 inclusive of bonus payments. Except for two lean years in 1952 and 1953 her annual income was above $3,000. Huang was a civil servant from 1961 to 1969. His annual income ranged from $5,500 to $8,000. He testified that he also worked part-time as an accountant earning an extra $150 monthly.

2. In 1961 Huang purchased a semi-detached house at 86 Jalan Seaview. He related under cross-examination that he bought this house because his rented house was full of termites, mosquitoes and other insects which gave his children skin problems. After talking over with his mother, he made the decision to purchase his own property. Liu supported this decision, and through a friend, he found 86 Jalan Seaview. The house was purchased on 12 June 1961 at the price of $25,000. Huang testified that he paid a total of $30,000 for it. The extra $5,000 included expenses such as legal and stamp fees, and an additional $,1500 which the vendor demanded and Huang conceded. Although Mr. Balagopal, counsel for the plaintiff Lee, suggested to him that the legal costs and stamp fees could not be more than $1,000, Huang disagreed. Although he could not recollect what the extra costs were comprised of, he recalled clearly that the total cost of the house to him was $30,000. Huang is now 77 years old. He was frail in body but not of mind. His speech was slurred by his physical infirmity, but once his words were deciphered, they reflected a remarkable clarity of sense and detail. I am content to accept the evidence of facts as he recalled them. He testified that he took a loan of $12,000 from the Malaya Borneo Building Society while Liu contributed $6,000; $4,000 of which was borrowed from her colleague, and $2,000 came from her savings. His mother gave him $3,500, and he also utilized the sum of $4,500 paid to him as "tea money" by the tenant who took over his Siang Lim Park house. Lee produced a note written by him on 9 April 1987 stating that Liu contributed $8,500 towards the purchase price of the property. Lee testified that the note was signed by Liu. Mr. Lee, counsel for Huang, objected to the admission of this note because the signature has not been proved to be Liu’s. I admitted the note in evidence as it was produced by Lee as evidence received by him and on his evidence that he witnessed Liu’s signature at the time. However, the weight to be given to that document is another matter. It is not known under what circumstances the note was made. On the whole, it raised more questions than answers. I am of the view that it was a document procured by Lee and inspired by an exercise book given to him by his mother, Liu. That book carried a notation of $8,500, in Huang’s handwriting, as the amount paid into the bank about April 1961. It was, therefore, Lee’s case that the financial contribution made towards the purchase price was $8,500.

3. Liu died on 15 February 1992 leaving her entire estate to Lee under a will made in 1978. No provision was made in her will for her two children by Huang. Lee as executor of her estate sued Huang for a half share of 86 Jalan Seaview on the ground that by virtue of her financial and non-financial contributions she was entitled to an equal share of the property. Huang conceded that Liu made a contribution, but that was no more than $6,000. Counsel argued on his behalf that Liu was, therefore entitled to a share in the property, but by reason of the small contribution made compared to that...