[2013] SGHC 249

“or to do some other act which was not a trust (Alastair Hudson, Equity and Trusts (Routledge, 7th Ed, 2013). As Judith Prakash J, as she then was, held in Guy Neale and others v Nine Squares Pty Ltd [2013] SGHC 249 (at [69]):”

“constructive trust (“RCT”) as the scenario does not fit within any categories of institutional constructive trusts (on the distinction between the two: see Guy Neale and others v Nine Squares Pty Ltd [2013] SGHC 249 at [140]–[141]).”

“None of the circumstances giving rise to an ICT are present in this case (see the decision of Judith Prakash J (as she then was) in Guy Neale and others v Nine Squares Pty Ltd [2013] SGHC 249 (“Guy Neale”) at [141], citing Low Heng Leon Andy v Low Kian Beng Lawrence (administrator of the estate of Tan Ah Khng, deceased”

“3 SLR(R) 216 at [39]). As such, “goodwill” exists “in a name when that name will bring in customers for the business which is carried on under that name” (Guy Neale and others v Nine Squares Pty Ltd [2013] SGHC 249 at [148]).”

“rated in Low Heng Leon Andy v Low Kian Beng Lawrence (administrator of the estate of Tan Ah Kng, deceased) [2011] SGHC 184 (at [53], cited with approval in Guy Neale and others v Nine Squares Pty Ltd [2013] SGHC 249 at [141]):”