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Singapore resulting trustscommon intention constructive trusts

Low Heng Leon Andy v Low Kian Beng Lawrence

[2018] 1 SLR 1124
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2018
StatusBinding authority

Summary

Presumption of advancement from father to son may be rebutted by evidence of common intention, potentially giving rise to a constructive trust over family property.

Key Principle

presumption of advancement; father to son; rebuttal; common intention constructive trust; family property

Area of Law

property

Related Cases

Zheng v Cai (2009) 239 CLR 446

In assessing personal injury damages, gratuitous or benevolent payments received by the plaintiff from third parties are not to be deducted from the damages award.

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (Knowing Receipt) [2007] HCA 22

Knowing receipt of trust property requires actual knowledge of the breach of trust or circumstances that indicate impropriety to establish constructive trust liability.

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance) [2003] HCA 57

Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.

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