26/05/2026
We are proud to announce a successful outcome achieved for our client at the Appellate Division of the High Court in the recent decision of 𝘛𝘢𝘯 𝘏𝘶𝘢𝘵 𝘊𝘩𝘢𝘯 𝘷 𝘞𝘶 𝘓𝘦𝘦 𝘊𝘩𝘰𝘰 [2026] SGHC(A) 15.
Our Managing Director Lee Ee Yang, Director Wilbur Lua and Counsel Andrew Chong acted for our client in applying for and obtaining a court-ordered sale of a landed residential property that was co-owned with her ex-husband under section 18(2) of the Supreme Court of Judicature Act 1969.
When the General Division of the High Court granted our client’s application for an order for sale, our client’s ex-husband appealed to the Appellate Division, arguing that the order for sale should not be made because parties had previously, pursuant to a Consent Order made during their divorce, intended that their respective shares in the property would be bequeathed to their daughter upon death, and that the property could not be sold except by mutual agreement.
After hearing arguments, the Appellate Division agreed with us that the Consent Order did not prohibit our client’s application for an order for sale. The Court affirmed the order for sale that was made, but released our client from certain conditions that had been previously attached to the order for sale.
𝗞𝗲𝘆 𝗧𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗗𝗲𝗰𝗶𝘀𝗶𝗼𝗻
• Any agreement that seeks to restrict the right of a co-owner to apply to court for an order for sale should be expressed in clear language
• In deciding whether to order a sale against a co-owner’s objections, the Court will assess the relative prejudice to each party. Financial prejudice to a co-owner seeking the sale is a relevant consideration.
• Conversely, sentimental reasons, such as having to leave a home with familiar neighbours or the inconvenience of moving house, are generally not weighty considerations in the assessment of prejudice.
This judgment serves as a helpful illustration of the Court's pragmatic approach to resolving property disputes where co-ownership has become unworkable.
We congratulate Ee Yang, Wilbur and Andrew for securing this excellent result for our client!
Read the judgment here: https://www.elitigation.sg/gd/s/2026_SGHCA_15
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