Ng Kiam Bee v Ng Bee Eng: Amendment of Consent Judgment & Division of HDB Flat Proceeds

In Ng Kiam Bee v Ng Bee Eng, the High Court of Singapore addressed the plaintiff's application to amend a consent judgment concerning the division of proceeds from the sale of a Housing and Development Board (HDB) flat. The plaintiff, Ng Kiam Bee, sought to alter the terms regarding the refund of Central Provident Fund (CPF) contributions. The defendant, Ng Bee Eng, opposed the amendment. The court dismissed the plaintiff's application, stating that a new action would be required to set aside the consent judgment.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Summons No 3849 of 2012 is dismissed. No order on Summons No 4094 of 2012.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Plaintiff sought to amend a consent judgment regarding the division of proceeds from the sale of a Housing and Development Board (HDB) flat. The court dismissed the application.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Kiam BeePlaintiffIndividualApplication DismissedLost
Ng Bee EngDefendantIndividualOrder to standNeutral

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJYes

4. Counsels

Counsel NameOrganization
Keh Kee GuanPacific Law Corporation
Luke LeeLuke Lee & Co

4. Facts

  1. Plaintiff sued the Defendant to recover a half-share of a public housing flat.
  2. A Consent Judgment was entered on 13 September 2010 regarding the sale of the flat and division of proceeds.
  3. The Plaintiff applied to amend the Consent Judgment, specifically the interest provision.
  4. The Defendant maintained that the Consent Judgment correctly recorded the parties’ agreement.
  5. The sale of the Flat was completed on 29 June 2012 at a price of $452,000.
  6. The Plaintiff claimed he did not understand the meaning of 'exclusive of' interest in the Consent Judgment until June 2012.

5. Formal Citations

  1. Ng Kiam Bee v Ng Bee Eng, Suit No 873 of 2009 (Summons No 3849 of 2012 and Summons No 4094 of 2012), [2013] SGHC 31

6. Timeline

DateEvent
Plaintiff sued the Defendant to recover a half-share of a public housing flat.
Consent Judgment entered in Suit No 873 of 2009.
Sale of the Flat was completed.
Summons No 3849 of 2012 filed by the Plaintiff to amend the interest provision.
Summons No 4094 of 2012 filed by the Defendant.
Judgment reserved.

7. Legal Issues

  1. Amendment of Consent Judgment
    • Outcome: The court dismissed the plaintiff's application to amend the consent judgment.
    • Category: Procedural
    • Related Cases:
      • [1998] 2 MLJ 705

8. Remedies Sought

  1. Amendment of Consent Judgment

9. Cause of Actions

  • Declaration of Trust

10. Practice Areas

  • Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Visia Finance v Expert Credit & Leasing Sdn BhdUnknownYes[1998] 2 MLJ 705MalaysiaCited regarding the court's power to amend a consent judgment.
Dr Kok Chee Min v Kan Choy Yoong & OthersUnknownYes[1994] 3 MLJ 210MalaysiaCited regarding challenging a consent order based on wrong advice from a lawyer.

13. Applicable Rules

Rule Name
O 20 r 11 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Housing and Development Act (Cap 129, 2004 Rev Ed)Singapore
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Consent Judgment
  • Housing and Development Board (HDB)
  • Central Provident Fund (CPF)
  • Interest Provision
  • Amendment of Judgment

15.2 Keywords

  • Consent Judgment
  • HDB Flat
  • CPF
  • Amendment
  • Singapore

17. Areas of Law

Area NameRelevance Score
Family Law60
Consent Orders50
Division of Matrimonial Property50
Property Law40
Civil Procedure30
Contract Law20

16. Subjects

  • Civil Procedure
  • Real Estate
  • Trusts