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Judgment:

2 J U D G M E N T

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4 (a) the United Overseas Bank Account No. 126-303-588-2 ("the UOB account");

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6 Background Facts

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16 11. On the preliminary issue relating to the UOB account I therefore find as follows:-

17 (a) the 2nd Defendant was and is the sole legal owner of the UOB account;

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21 14. In Gascoigne vs. Gascoigne < 1918 > 1 KB 223 a husband leased land in his

wife's name and built a house on it with his own money. He used his wife's name with her

knowledge and connivance because he wanted to protect the property from his creditors. He

sought a declaration against his wife that she held the property as a trustee for him. The

Court refused to allow the husband to claim such relief in equity against the wife who

held the legal title. The Court applied the rule that in cases where both parties were

tainted with dishonesty, the Court would not interfere but let the estate lie where it

falls. Accordingly, even if the 1st Defendant had paid for the Olina apartment and

purchased it in the 2nd Defendant's name to evade his creditors, as between the 1st and

2nd Defendants inter se, the Court will not intervene to grant the 1st Defendant any

beneficial interest therein. All the more so when the 2nd Defendant was not a party to the

scheme.

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35 C.R. RAJAH

36 JUDICIAL COMMISSIONER