Chan Fook Kee v Chan Siew Fong: Division of Matrimonial Assets and Maintenance Dispute
In Chan Fook Kee v Chan Siew Fong, the High Court of Singapore heard an appeal regarding the division of matrimonial assets and maintenance following a divorce. The primary issue was the division of the matrimonial flat, with the wife appealing the district judge's order. The court admitted additional evidence showing the wife's direct financial contributions. Lai Kew Chai J. awarded the wife 80% of the net proceeds from the sale of the flat and upheld the lump sum maintenance of $40,000.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning the division of matrimonial assets and maintenance after divorce, focusing on contributions to the matrimonial property.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Siew Fong | Respondent | Individual | Matrimonial assets division revised | Partial | |
| Chan Fook Kee | Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Kew Chai | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Wee Jee | Thomas Tham & Partners |
| Amarjit Kour d/o Balwant Singh | Peter Low Tang & Belinda Ang |
4. Facts
- The couple married on 23 June 1969.
- The wife made substantial direct and indirect contributions to the acquisition of the matrimonial flat.
- The husband made some direct contributions to the acquisition of the matrimonial flat through his CPF account.
- The wife took in Indonesian student lodgers to pay for household expenses and flat installments.
- The husband had an affair in 1977.
- The husband was a director of two companies in South Africa.
- The matrimonial property is a flat worth about $960,000.
5. Formal Citations
- Chan Fook Kee v Chan Siew Fong, Div P 488/1999, RA 720051/2000, [2001] SGHC 114
6. Timeline
| Date | Event |
|---|---|
| Couple married | |
| Option to purchase flat exercised | |
| Husband's letter to United Overseas Bank regarding inability to pay instalment | |
| Flat completed | |
| Husband agreed to pay $50,000 from his CPF account to redeem part of the UOF term loan | |
| Wife granted a Personal Protection Order against husband | |
| Husband 'disappeared' from family life | |
| Husband left Tex Line Associates Pte Ltd | |
| Husband went to Johannesburg | |
| Hearing for wife's application to admit additional evidence | |
| Wife sought admission of another affidavit | |
| Husband affirmed an affidavit disclosing his residential address | |
| Wife's written submissions | |
| Decision Date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court revised the division of matrimonial assets, awarding the wife 80% of the net proceeds from the sale of the flat.
- Category: Substantive
- Sub-Issues:
- Direct contributions
- Indirect contributions
- Admissibility of Fresh Evidence on Appeal
- Outcome: The court allowed the wife to adduce fresh evidence, finding that special grounds existed to do so.
- Category: Procedural
8. Remedies Sought
- Division of matrimonial assets
- Maintenance
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mulholland v Mitchell | N/A | Yes | [1971] AC 666 | N/A | Cited for the principle that courts will allow fresh evidence when to refuse it would affront common sense or a sense of justice. |
13. Applicable Rules
| Rule Name |
|---|
| O 55D r 11(1) Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women's Charter (Cap 353, 1997 Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Division of assets
- Maintenance
- Direct contributions
- Indirect contributions
- CPF
- Lodgers
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- Singapore
- family law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Family Law | 95 |
| Matrimonial Assets Division | 90 |
| Maintenance | 70 |
| Evidence | 60 |
| Civil Procedure | 50 |
| Civil Litigation | 40 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Civil Procedure