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Sinkie Man Rescued By Court.. Nearly Cheated by Wife

AhMeng

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Apex court rejects appeal by wife who tricked her husband into giving up $25m inheritance
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A woman's appeal against a High Court decision has been dismissed, which found she had tricked her husband into signing a deed of trust which would have left him a pauper and their infant son a millionaire.PHOTO: ST FILE

PUBLISHED

4 HOURS AGO
K.C. Vijayan
Senior Law Correspondent

SINGAPORE - The top court dismissed a woman's appeal against a High Court decision which found she had tricked her husband into signing a deed of trustwhich would have left him a pauper and their infant son a millionaire.

The assets included a $25 million inheritance from his late mother who was murdered in an unrelated incident barely a week before he signed the deed.

The man, identified in court papers as BOK, had signed the deed on March 26, 2014, while he was in isolation and grieving over his mother who was killed on March 19.

"The deed of trust was by no means fair, just and reasonable," wrote Judge of Appeal Andrew Phang in decision grounds on Thursday (Nov 29).

"We note further the husband had no independent advice and the deed was clearly a transaction at an undervalue, both of which weigh heavily in favour of a finding of unconscionability," he added on behalf of the five-judge court.

In contract law, unconscionability describes terms that are unjust.


The man was someone of substantial means. Even before he started working, he owned two apartments in Marina Bay Sands, which he had inherited from his late father.

Related Story
Wife tricked husband to sign document giving up millions in inheritance: Court

In the deed he signed, the man had provided for all of his assets, including the potential inheritance from his mother's estate, to be held by him and his wife on trust for their son who was then two years old.

The document was signed in the presence of her father, a senior lawyer.

But the couple's relationship was rocky and the woman, a 38-year-old former lawyer, filed for divorce on Nov 25, 2015.

Five days later, BOK applied to the High Court to set aside the declaration of trust.

The High Court granted the application last December, holding BOK was "in a state of weakness at the time he signed the deed of trust".

The couple's son and the woman, represented by Senior Counsel Kenneth Tan and Suresh Damodara respectively, then appealed to the top court.

Senior Counsel Michael Hwang, as briefed by lawyer Anthony Lee, appeared for BOK , now a 34-year-old managing director of an energy company.

The Court of Appeal - comprising Judges of Appeal Andrew Phang and Steven Chong, and Justices Belinda Ang, Chan Seng Onn and Quentin Loh - heard the parties in September 2018 and dismissed the appeal.

In the 89-page judgment grounds, the top court concurred with the High Court to quash the trust deed on the grounds of misrepresentation, mistake and undue influence.

Lawyers said a five-judge court was convened for the case, instead of the usual three-judge appeal court, to underline an important question of law - the scope of unconscionability and its application.

The apex court agreed with the High Court that the deed should be set aside because it was procured by "unconscionable conduct".

But it also made clear what unconscionable conduct means and when it applies.

This matter was raised earlier this year by Singapore Management University Professor of law Tang Hang Wu in an article in the Singapore Academy of Law Annual Review.

In discussing High Court Justice Valerie Thean's judgment grounds on the case, he argued that it remained to be seen whether the case "signals a more liberal approach to construing unconscionability or whether (the case) would be confined to its very unusual facts".

The Court of Appeal judgment made it clear - in deciding, it would consider if a plaintiff was taken advantage of when he was impaired.

It ruled a "narrow doctrine of unconscionability applies in Singapore", saying it would not only consider whether or not the aggrieved plaintiff is poor and ignorant, but "would also include situations where the plaintiff is suffering from other forms of infirmities - whether physical, mental and/or emotional in nature".

The court added: "Our finding that the husband suffered from acute grief that impaired his ability to make decisions and made him susceptible to influence is of central relevance here.
"In our view, the impairment of his mental state was of such gravity that it constitutes an infirmity that the wife knew about and took advantage of by leveraging on his sense of isolation.

"Indeed, it will be recalled that the wife knew that he was in no state of mind to execute a will, much less a trust that immediately divests him of all his assets."

The court explained the deed was "by no means a reasonable way of providing for the son especially when one takes into account the circumstances in which it was executed".

Judge of Appeal Phang added: "We stress that the absence of independent advice and the characterisation of a transaction as being at an undervalue are not mandatory elements to be satisfied.

"However, as this case demonstrates, the presence of these factors will often underscore and highlight the exploitation of an infirmity that renders a transaction improvident."
 
High Court Decision :

Wife tricked husband to sign document giving up millions in inheritance: Court

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PUBLISHED
DEC 15, 2017, 10:47 PM SGT
K.C. Vijayan
Senior Law Correspondent

SINGAPORE - Just one week after his millionaire mother was killed in 2014, a man's wife tricked him into signing a handwritten deed of trust which would have him give up all his assets.

This included an inheritance of some $25 million from his late mother who was worth some $54 million.

The man, identified in court documents as BOK, was already someone of substantial means with two apartments in Marina Bay Sands, even before he started working. This was because of an inheritance from his late father.

In judgment grounds on Monday (Dec 11), Justice Valerie Thean granted the man's application to set aside the deed of trust on several grounds, describing his wife's actions as shocking "the conscience of the court".

The judge, who ordered the parties' names and details be redacted in her written grounds, said the document was signed when the man was still grieving and in isolation. The eight-day hearing was held over several months this year.

The man had signed the document on March 26 2014.


It provided for all of his assets, including the potential inheritance from his mother's estate, to be held by him and his wife on trust for their son who was then two years old.

The document was signed in the presence of her father, a senior lawyer.

But the couple's relationship soured and the woman, a 37-year-old former lawyer, filed for divorce on Nov 25 2015.

Five days later, BOK, now a 33-year-old managing director of an energy company, applied to the High Court to set aside the declaration of trust.

In granting his application, Justice Thean said BOK was "in a state of weakness at the time he signed the deed of trust".

This was "due to his grief and isolation, his relationship with (the woman), his lack of independent legal advice, and his trust in her ability as a lawyer", added Justice Thean.

"Misrepresenting to him that the deed of trust would take effect only upon his death, she took advantage of his emotionally vulnerable state in order to persuade him to part with the entirety of his assets, which were substantial," said the judge.

The couple had been childhood friends but BOK's mother had strongly disapproved of their marriage.

On March 19, 2014, the mother was killed at her Holland Road property and three days after her funeral, BOK signed the legal document.

About a year later, the couple's second child was born.

Senior Counsel Michael Hwang and Anthony Lee, acting for BOK, argued among other things that the woman's undue influence induced him to sign the document. BOK had also been mistaken about its legal effect.

Senior Counsel Kenneth Tan and lawyer Suresh Damodara, representing the couple's son and the woman respectively, countered that BOK started this suit because of a "change of heart" after standing to get at least $25 million of his late mother's assets.

The other share of the mother's estate was apportioned to his sister.

The assets he was entitled to inherit included the Holland Road property, shares and investments, and part of his late mother's porcelain art pieces.

Justice Thean was not convinced by the defendants' claims, noting among other things that at no time did BOK request his wife before the day the document was signed to draw it up in favour of his son.

"I find he was taken by surprise by (the wife) asking him to sign the deed of trust on March 26, 2014."

The judge said "his grief over his mother's death and the circumstances of his life after her passing rendered him susceptible to be influenced by the (wife)".

"There is no doubt that (the wife's) exploitation of (BOK)'s grief, isolation and lack of independent advice to lay claim to all he owns is properly to be described as an act of oppression and abuse of confidence that shocks the conscience of the court."
 
Maid gets 18 years' jail for killing her employer, socialite Nancy Gan
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Indonesian maid Dewi Sukowati (left) was sentenced to 18 years' jail on Tuesday (May 31) for culpable homicide not amounting to murder of the 69-year-old Madam Nancy Gan.PHOTO: SINGAPORE POLICE FORCE / ST FILE

PUBLISHED
MAY 31, 2016, 5:15 PM SGT
UPDATED
JUN 7, 2016, 1:53 PM
Rachel Chia


SINGAPORE - Reacting to being hit with a tray and being scolded, socialite Nancy Gan Wan Geok's domestic helper swung her employer's head against a wall, causing multiple skull fractures, then drowned her in the pool of her own house.

Indonesian Dewi Sukowati, 20, pleaded guilty and was sentenced to 18 years' jail on Tuesday (May 31) for culpable homicide not amounting to murder of the 69-year-old Madam Gan.

The court heard that on March 19, 2014, at about 7.30am, Dewi - then 18 - had taken a glass of water on a tray to Madam Gan in her home at Victoria Park Road in Bukit Timah.

It was her sixth day of work with Madam Gan. According to the statement of facts of the case, Madam Gan was upset that the glass was on the wrong type of tray. She splashed the water on Dewi's face and threw the tray on the floor.

When Dewi bent down to pick up the tray, Madam Gan snatched it from her and hit her on the back of her head with it, while she was still squatting down.

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She also scolded the teenager and threatened to reduce her salary to $200, said the statement of facts.

Dewi lost control of herself, grabbed Madam Gan by the hair and swung her head into the wall with all her strength.The back of Madam Gan's head hit the wall and started bleeding profusely. She collapsed unconscious.

Dewi was frightened and stayed where she was, thinking about what she had done.
About 10 minutes later, she placed her ear on Madam Gan's chest to check if she was still breathing, and heard a weak heartbeat.

Worried that Madam Gan would call the police, Dewi then decided to drown her employer. She dragged Madam Gan by the hair across the floor to the swimming pool of the house.

Along the way, Dewi recalled Madam Gan's daily scoldings and felt angry again. She then slammed Madam Gan's head on the edge of a ceramic tiled step, causing more blood to flow out.

She then grabbed Madam Gan by her pyjamas and dragged her across more steps, causing Madam Gan's head to hit multiple steps on the way down.

On reaching the pool, Dewi then pushed Madam Gan in face down.

Then, she returned to Madam Gan's room and took a pair of her sandals, which she also threw in the pool to create the impression that Madam Gan had committed suicide.

After cleaning up all the blood in the house and changing into a fresh set of clothes, Dewi headed to the neighbour's house to ring the doorbell.

On the way, she met a dispatch rider riding past and asked him to help her, saying her employer was in the swimming pool. The man then called the police.

Madam Gan, a mother of two, was an accomplished pianist and a well-known porcelain artist who regularly donated her works to raise funds for charity. Her paintings included orchids, landscapes and and animals, and she had appeared in society magazines.

She was reported to be the ex-wife of former Hong Kong Legislative Council politician Hilton Cheong-leen.

The autopsy report certified the cause of her death as drowning contributed by contused brain due to a fractured skull.

The pathologist found multiple external and internal injuries, including a V-shaped fracture line of the skull measuring 4cm and 5cm. Most of the external injuries were blunt force injuries caused in the immediate period before Madam Gan died, said the report.

The pathologist also said that the injuries "were sufficient in the ordinary cause of nature to cause death". If Madam Gan had not been thrown into the pool, she "would not have drowned but would have died from her head injuries".

For her offence, Dewi could have been jailed for life and fined.

Correction note: An earlier version of this story said it was Dewi's seventh day of work with Madam Gan instead of the sixth day. We are sorry for the error.
 
https://en.m.wikipedia.org/wiki/Hilton_Cheong-Leen

Hilton Cheong-Leen's first wife, Pauline Chow, was a soprano singer known as "the nightingale of China". Pauline was born in Peking and was educated at the Bridgman Academy and National Peking University. The couple met in Guilinand Hilton was even fancied becoming a base baritone because of her. They married in 1945 until her death in 1979. The couple had two sons and two daughters, Reginald (born in 1951), Susan (born in 1953), Franklin (born in 1958) and Flora (born in 1959).[1] Their fourth child, Flora Cheong-Leen is a famous ballerina and designer who was married to actor Russell Wong.

He married his second wife, Nancy Gan Wan Geok, in 1988 but later divorced.[8]Gan was a classical pianist and porcelain educated at Trinity College London and had held exhibitions of her porcelain paintings in Hong Kong from 1988 to 1992. Gan was found dead in the swimming pool of her bungalow in Singapore on 19 March 2014. Dewi Suko Wati, her Indonesian helper from Central Java, was charged with murder.[10][11]
 
SINGAPORE - The top court dismissed a woman's appeal against a High Court decision which found she had tricked her husband into signing a deed of trustwhich would have left him a pauper and their infant son a millionaire.
The assets included a $25 million inheritance from his late mother who was murdered in an unrelated incident barely a week before he signed the deed.
The man, identified in court papers as BOK, had signed the deed on March 26, 2014, while he was in isolation and grieving over his mother who was killed on March 19.
Before I forget, for those who are interested, here are even more details:
supremecourt.gov.sg/news/case-summaries/bom-v-bok-and-another-appeal-2018-sgca-83
supremecourt.gov.sg/docs/default-source/module-document/judgement/ca3-ca5-2018--2018-sgca-83-(ed)-bokfinal4-29nov18-pdf.pdf
from:
supremecourt.gov.sg/news/supreme-court-judgments
And just in case they are removed from the Supreme Court website, they can also be viewed and downloaded from:
singaporelawwatch.sg/Judgments
https://www.singaporelawwatch.sg/Portals/0/Docs/Judgments/[2018] SGCA 83.pdf
 
Last edited:
DEC 15, 2017, 10:47 PM SGT
SINGAPORE - Just one week after his millionaire mother was killed in 2014, a man's wife tricked him into signing a handwritten deed of trust which would have him give up all his assets.
This included an inheritance of some $25 million from his late mother who was worth some $54 million.
The man, identified in court documents as BOK, was already someone of substantial means with two apartments in Marina Bay Sands, even before he started working. This was because of an inheritance from his late father.
And here are the details of that 2017 "High Court decision" that the Indian ex-wife tried to appeal against:
supremecourt.gov.sg/docs/default-source/module-document/judgement/171211-suit-1217-of-2015-judgment_final-(v3)-(clean)-pdf.pdf
https://www.singaporelawwatch.sg/Portals/0/Docs/Judgments/[2017] SGHC 316.pdf
 
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Seriously, there is just no upside for a man to land a 'legalized' vagina and a certificate to validate it. :rolleyes:

This is a TRAP:

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