LOLITA TSANG v PERSONAL REPRESENTATIVES OF JAMES ENG JR DECEASED

[2024] SGHC 151 High Court (General Division) 12 June 2024 • HC/OC 143/2022 • 20 min read

Catchwords

Practice Areas

Judges (1)

Counsel (5)

Parties (2)

Case Significance

Tsang Lolita v Personal Representatives of Eng James Jr, deceased [2024] SGHC 151 was a reserved judgment of the General Division of the High Court of Singapore delivered by Choo Han Teck J on 12 June 2024, in Originating Claim No 143 of 2022, after hearings on 15 to 17 April and 30 May 2024. James Eng Jr, an American who lived in Hong Kong, died on 10 September 2018 at the age of 76; his wife, Mrs Eng, had died on 11 December 2011. Their daughter, Allison Nicole Eng, an alternate executor, represented Eng's estate in the action brought by Lolita Tsang. Tsang, aged 64 and 18 years younger than Eng, had carried on a romantic relationship with Eng that began in 2005, despite both being married to others. The dispute concerned whether an inter vivos gift was validly made: Tsang claimed S$8,500,000 from the estate on the basis that Eng had executed a deed of gift on 7 November 2016 to transfer that sum to her, which she said was unfulfilled. The estate challenged the validity and enforceability of the deed and counterclaimed S$8,195,757.58, being the balance in Tsang's Hong Leong bank account. The catchwords addressed whether there was an intention to benefit the recipient and whether the gift was sealed or delivered. Tsang was represented by Robert Wang & Woo LLP and the estate by CNPLaw LLP.

Summary

Lolita Tsang claimed S$8,500,000 from the estate of James Eng Jr, a deceased American who had lived in Hong Kong and with whom she had carried on a romantic relationship, contending the sum was an unfulfilled inter vivos gift evidenced by a deed of gift Eng executed in November 2016; the estate challenged the deed's validity and counterclaimed for the balance of a bank account Eng had opened in Tsang's sole name. The issues concerned whether there was an intention to benefit the recipient and whether the gift was sealed or delivered. The court dismissed Tsang's claim for the S$8,500,000 and also dismissed the estate's counterclaim, finding that the monies in the account constituted part of the gift and that Tsang was entitled to retain the balance remaining in the account before she closed it.

What was Tsang Lolita v Personal Representatives of Eng James Jr [2024] SGHC 151 about?

Lolita Tsang claimed S$8,500,000 from the estate of James Eng Jr, asserting an unfulfilled inter vivos gift made by a deed of gift executed on 7 November 2016. The estate challenged the deed's validity and counterclaimed S$8,195,757.58. Choo Han Teck J decided the matter on 12 June 2024.

How much did the estate counterclaim in [2024] SGHC 151?

In Tsang Lolita v Personal Representatives of Eng James Jr, deceased [2024] SGHC 151, the estate challenged the validity of the 7 November 2016 deed of gift and counterclaimed S$8,195,757.58, being the balance in Lolita Tsang's Hong Leong bank account.

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 151)