TAN CHENG CHENG & 2 Ors v SHAMLAL S/O TUPPANI BISAYSAR & Anor

Case Significance

Tan Cheng Cheng and others v Shamlal s/o Tuppani Bisaysar and another [2024] SGHC 181 was a District Court Appeal (No 42 of 2023) heard in the General Division of the High Court by Mavis Chionh Sze Chyi J, with judgment reserved and delivered on 12 July 2024 following hearings on 27 March and 14 May 2024. The appellants were Tan Cheng Cheng (Chen Qingqing), Tan San San (Chen Shanshan) and Keh Lay Hong (Guo Lihong), suing as the administratrices of the estate of Spencer Tuppani, deceased. The respondents were Shamlal s/o Tuppani Bisaysar and Tham Poh Kwai.

The judgment opens with the principle that when a person dies intestate, the deceased's personal belongings remain the property of the estate, which vests immediately in the Public Trustee and then in the administrator upon the grant of letters of administration. The court referred to s 37 of the Probate and Administration Act 1934 and the Court of Appeal decisions in Teo Gim Tiong v Krishnasamy Pushpavathi [2014] 4 SLR 15 and Tacplas Property Services Pte Ltd v Lee Peter Michael [2000] 1 SLR(R) 159, noting that an administrator may seek recovery from a wrongdoer who has seized or converted goods in the period between death and the grant. The catchwords identify the issues as Tort — Conversion and Evidence — Admissibility of evidence. Counsel for the appellants included Mr Leong Wen Jia Nicholas, Ms Qua Bi Qi and Mr Yeo Lai Hock, Nichol of Nine Yards Chambers LLC, while the respondents were represented by counsel including Mr David Nayar, Mr Joseph Ignatius and Ms Suja Susan Thomas d/o B Thomas.