Court : Singapore Supreme Court
lee kim shin jc: 1. this was a long marriage of 28 years. the plaintiff ("the wife") and the defendant ("the husband") were married on 29 july 1985. they have two daughters, aged 28 and 24 years old. 2. the wife filed for divorce on the ground of unreasonable behaviour in 2013. interim judgment for divorce was granted on 9 april 2013 and made final on 15 april 2014. 3. the issues in the proceedings before me concerned the division of the parties' matrimonial assets and maintenance for the wife. 4. the main dispute in the division of the matrimonial assets was the veracity of an allegation by the wife that the husband had dissipated his assets. the wife alleged that the husband had dissipated his assets to the tune of $1.5m. i shall refer to this $1.5m as the "alleged dissipated sum" and the amount of the dissipated sum based on my findings as the "assessed dissipated sum". 5. while i was satisfied that some of the husband's assets were indeed unaccounted for, i was not convinced by the wife's allegation that there was dissipation to the extent of the alleged dissipated sum. after adding $320,233 to the matrimonial pool, being my finding as to the assessed dissipated sum, i awarded 40% of the matrimonial assets to the wife, and 60% of the matrimonial assets to the husband. 6. as regards maintenance for the wife, i found the expenses that she claimed at $5,000 per month to be unreasonably high. i assessed her claimable monthly expenses at $2,205. applying the formula used by .....
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..... the threshold to establish the guilty intention necessary for a finding of civil contempt is, however, a low one - the alleged contempnor just needs to intend to do acts which are in breach of a coercive court order. ..... it is directed at securing compliance with the said order and typically falls under one of the following categories: (a) disobedience of an order requiring an act to be done; (b) disobedience of an order prohibiting the doing of an act; or (c) breach of an undertaking given to court. ..... the acts of contempt allegedly committed in suits 960 and 961 and os 1066 all fall within the first category. 8. .....
Tag this Judgment!Court : Singapore Supreme Court
..... the first centred on the fact that the division of matrimonial assets under s 112 of the act is not - and cannot be - a precise mathematical exercise and that the court's discretion is to be exercised in broad strokes instead ... ..... out in nk v nl (at [22]-[27]), that direct financial contributions are not to be considered as a prima facie starting point although they nevertheless constitute a factor which should be considered by the court pursuant to the exercise of its discretion under s 112 of the act (which involves what is essentially a multi-factorial approach). ..... [y]ou are a hard act to follow. ..... this is made clear by s 112 of the act itself .... .....
Tag this Judgment!Court : Singapore Supreme Court
..... . turning to the indirect contributions, the district judge noted, inter alia, the following (which woo j referred to at [22]): (i) the husband's repeated acts of violence (personal protection orders); (ii) an affidavit filed by the daughter (then aged 22) corroborating the wife's assertion of violence by the husband as well as the fact that the wife had brought up the 2 children single-handedly and ..... . with respect, the fact that the wife did not apply for a personal protection order is hardly evidence supporting the appellant's assertion that the acts of violence did not take place ..... . in respect of the alleged acts or threats of violence, the appellant in the same affidavit admits raising his voice when he lost his temper but he asserts that he never hit or physically abused the respondent or the daughter ..... . the response of the appellant to his conviction for embezzlement in 1982 and the alleged acts of violence is quite revealing .....
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..... is to consider all the circumstances of the case, including but not limited to the specific factors identified in s 112(2) of the act, paying particular attention to the direct financial contributions as well as the indirect non-financial contributions of each party ..... . the power to award maintenance for children is encapsulated in s 127 of the act, which provides that "[d]uring the pendency of any matrimonial proceedings or when granting or at any time subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage, the court may order ..... in any event, s 125(2) of the women's charter ("the act") clearly states that: in deciding in whose custody a child should be placed, the paramount consideration shall be the welfare of the child and subject to this, the court shall have regard - (a) to the ..... . section 114(1) of the act, which is referred to in s 112(2), provides that in determining the amount of maintenance to be paid by a man to his wife or former wife, the court shall have regard to all the circumstances of the case, ..... . section 112(2) of the act goes on to direct the court to have regard to all the circumstances of the case, including the following matters: (a) the extent of the contributions made by each party in money, property or work ..... . section 112(1) of the act provides that the court shall have power, when granting or subsequent to the grant of a judgment of divorce, to order the division between the parties of any matrimonial asset or the .....
Tag this Judgment!Court : Singapore Supreme Court
..... order 45 rr 7(6)-(7) go on to provide that the court nevertheless has the discretion to dispense with personal service or proceed with enforcement of the order despite a lack of personal service in certain circumstances: (6) an order requiring a person to abstain from doing an act may be enforced under rule 5 notwithstanding that service of a copy of the order has not been effected in accordance with this rule if the court is satisfied that, pending such service, the person against whom or against ..... pertinently, s 2 of part 81 of the english cpr, which deals with committal for breaches of judgments or orders to do or abstain from doing an act, contains no provision requiring the applicant to obtain the court's permission before making an application for committal: see civil procedure vol 1 (sweet and maxwell, 2013) at para 81.4.1. 16. ..... the statement [under o 52 r 2] should clearly state when the injunction was obtained and the order served on the respondent, whether the order was served personally or by substituted service, and the specific acts committed by the respondent which are said to be in breach of the terms of the injunction. .....
Tag this Judgment!Court : Singapore Supreme Court
..... cl 6 gave the trustees the absolute discretion to decide and act on all matters of his estate which he had not specifically dealt with in the will, and clarified that it was his intention that there should be no other beneficiaries who are entitled to any part of his estate .....
Tag this Judgment!Court : Singapore Supreme Court
..... the appellant was not eligible for probation under s 5 of the probation of offenders act (cap 252, 1985 rev ed) because he was more than 21 years old at the date of his conviction ..... parliament's response to this development is, among others, to enact s 28b of the act, which makes it an offence for anyone above 21 to procure a minor to ..... the need for deterrence arising from the impact that acts of harassment committed by unlicensed moneylenders can have on public safety and security has been considered by our courts on several occasions (see, for example, public prosecutor v nelson jeyaraj s/o chandran [2011] 2 slr 1130 at [20]-[23], ..... this was an offence under s 5 of the moneylenders act (cap 188, 2010 rev ed) ("the act"), punishable under s 14(1)(b)(i) and s 14(1a)(a) of the same read with s 34 of the penal code (cap 224, 2008 ..... the appellant in the present appeal was the one who executed the acts of graffiti and the splashing of the paint. 16. ..... preliminary point, i note and agree with the dj's observations (at [25]-[26] of the gd) that the primary sentencing consideration for illegal moneylending activities prohibited under the act is that of deterrence. ..... under s 14(1)(b)(i) of the act, a fine of not less than $30,000 and not more than $300,000 and a mandatory imprisonment term not exceeding 4 years is imposable for the offence ..... these events, alicia acted as a look- ..... view, a starting point of 5 months' imprisonment term is a fairer reflection of the gravity of the appellant's acts. 17. .....
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..... section 112(2) of the women's charter (cap 353, 2009 rev ed)("the act") lists the factors to be taken into consideration in the exercise of the court's discretion to arrive at a just and equitable division of the matrimonial assets. ..... as the statutory requirements of s 112(10)(b) of the act are satisfied, the soleil property is a matrimonial asset. 49. ..... i now come to s 112(10) of the act, which defines "matrimonial asset". ..... in the absence of corroborative evidence, and contrary to the defendant's contention, i find that this shenzhen property was acquired by the defendant during the marriage, and on the prima facie evidence before me, s 112(10)(6) of the act is satisfied. ..... the court of appeal in foo ah yan v chiam heng chow [2012] 2 slr 506 ("foo ah yan") at [16] enunciated a "commonsense holistic approach" in the application of s 114(2) of the act. ..... the statutory factors include the parties' direct and indirect financial contributions (see s 112(2)(a) and (b) of the act). .....
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..... offence under section 6(a), it is proved that he corruptly accepted, obtained or agreed to accept or attempted to obtain any gratification, having reason to believe or suspect that the gratification was offered as an inducement or reward for his doing of forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to his principal's affairs or business, he shall be guilty of an offence under that section notwithstanding that he did not have the power, right or opportunity to do so, show ..... if (a) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; he shall be guilty of an offence ... ..... ) ("the 1961 malaysian pc a"), defined "public body" as follows: 'public body' includes (d) any corporation, council, board, commissioners or other body which has power to act under and for the purpose of any written law in force in malaysia or any part thereof relating to local government, public health or undertakings of public utility, or otherwise has power to administer funds belonging to any government in malaysia, or .....
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