
21 March 2018
Prof Tang Hang Wu successfully argues for court to take a fresh look on established case law regarding writ of seizure and sale on jointly tenanted properties
Features Prof Tang Hang Wu, PhD
The conventional wisdom and established case law in Singapore for the last twenty years has been that jointly tenanted properties are not exigible to a writ of seizure and sale if only one of the owners is the debtor. This limits the ability of creditors, such as banks and credit card issuers, to force the sale of such assets to reclaim monies owed by delinquent debtors. Prof Tang Hang Wu, using authorities from England, Australia, Canada, New Zealand, Hong Kong, Bahamas and Jamaica, and historical material dating back from the 17th century, successfully argued for the High Court to take a fresh look at this position. Judicial Commissioner Pang Khang Chau agreed, clarifying that creditors may now enforce a judgment against a property held on a joint tenancy by the judgment debtor. Full details here: http://www.singaporelawwatch.com/slw/attachments/118063/[2018]%20SGHC%2059.pdf
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