Hillfield v Chew: Appeal on Matrimonial Asset Division & Tort of Conversion

In Hillfield International Ltd and Others v Chew Lai Yoke Bettina and Another Appeal, the Court of Appeal of Singapore heard appeals arising from a consolidated action involving claims by Hillfield International Ltd, Silver Falcon Holdings Ltd, Whitham Enterprises Ltd, and Michael David Selby against Chew Lai Yoke Bettina, following their divorce. The disputes concerned the division of matrimonial assets, including company kits, art documents, and a wine collection. The Court allowed Ms. Chew's appeal regarding the wine collection, dismissing the order for an account of the wine bottles retained by her. The court dismissed the remaining appeals, with a slight variation to the order regarding the art documents.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal allowed in part and dismissed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning division of matrimonial assets and tort of conversion claims arising from a divorce. The court addressed issues of credibility and deed construction.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hillfield International LtdAppellantCorporationAppeal dismissed in part and successful in partPartial
Silver Falcon Holdings LtdAppellantCorporationAppeal dismissed in part and successful in partPartial
Whitham Enterprises LtdAppellantCorporationAppeal dismissed in part and successful in partPartial
Michael David SelbyAppellantIndividualAppeal dismissed in part and successful in partPartial
Chew Lai Yoke BettinaRespondent, AppellantIndividualAppeal allowed in part and dismissed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealNo
Judith PrakashJudgeYes
Yong Pung HowChief JusticeNo

4. Counsels

Counsel NameOrganization
Joseph FokDavid Chong & Co
Morris YowDavid Chong & Co
Tan Chee MengHarry Elias Partnership
Jenny Chang Man PhingHarry Elias Partnership
Cho Pei LinHarry Elias Partnership

4. Facts

  1. Michael Selby and Bettina Chew divorced, incorporating a Deed of Separation into the decree nisi.
  2. The Deed included an annexure listing items Mr Selby could remove from the matrimonial home.
  3. Hillfield, Silver Falcon, and Whitham sued Ms Chew for the return of company kits and document files.
  4. Mr Selby sued Ms Chew for the return of items, including bronzes and wine, under the Deed.
  5. The trial judge found for the companies and Mr Selby on most claims, but ordered each party to bear their own costs.
  6. Ms Chew was the sole director of each of the companies.
  7. Mr Selby claimed the parties had orally agreed to divide their wine collection between them in the ratio 3:1 based on the value of the wines.

5. Formal Citations

  1. Hillfield International Ltd and Others v Chew Lai Yoke Bettina and Another Appeal, CA 124/2002, CA 125/2002, [2003] SGCA 35

6. Timeline

DateEvent
Deed of Separation and Financial Arrangement executed
Mr Selby collected files and other documents from the matrimonial home
Decree nisi made incorporating consent order
Mr Selby's solicitors requested delivery of Art Documents
Ms Chew handed over a bundle of documents to Mr Selby's movers
Suit 1200 of 2001 started by Hillfield International Ltd, Silver Falcon Holdings Ltd and Whitham Enterprises Ltd against Ms Chew
Suit 1349 of 2001 instituted by Mr Selby against Ms Chew
Suits consolidated
Judgment delivered by Lee Seiu Kin JC
Registry of the Supreme Court sent a reply to all parties stating that the judge had directed that the ‘company kits’ mentioned in his judgment included ‘all banking and financial documents and files of correspondence of the three companies’
Registry informed the parties that the judge was withdrawing his previous direction
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court partially allowed the appeal, setting aside the order requiring Ms. Chew to render an account of the wine bottles retained.
    • Category: Substantive
    • Sub-Issues:
      • Interpretation of Deed of Separation
      • Valuation of assets
      • Exhaustive nature of annexure
  2. Tort of Conversion
    • Outcome: The court dismissed Ms. Chew's appeal regarding the company kits and art documents (with a slight variation to the order regarding the art documents) and dismissed Mr. Selby's appeal regarding the bronzes.
    • Category: Substantive
    • Sub-Issues:
      • Retention of company kits
      • Retention of art documents
      • Retention of bronzes
  3. Costs
    • Outcome: The court dismissed the appeal by Mr. Selby and the three companies in relation to the costs of the trial.
    • Category: Procedural
    • Sub-Issues:
      • Discretion of the court
      • Successful party bearing own costs
      • Factors to be taken into account
    • Related Cases:
      • [1999] 4 SLR 579
  4. Credibility of Witnesses
    • Outcome: The court upheld the trial judge's finding that Mr. Selby was more credible than Ms. Chew.
    • Category: Procedural
    • Sub-Issues:
      • Inconsistencies in evidence
      • Demeanor of witnesses
      • Burden of proof

8. Remedies Sought

  1. Return of property
  2. Account of property
  3. Damages

9. Cause of Actions

  • Conversion

10. Practice Areas

  • Litigation
  • Appeals
  • Matrimonial Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Parno v SC Marine Pte LtdCourt of AppealYes[1999] 4 SLR 579SingaporeCited for the principle that a court ought not to exercise its discretion against a successful party except for some reason connected with the case.

13. Applicable Rules

Rule Name
Order 42 r 7(1) of the Rules of Court 1996

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322)Singapore
Women’s Charter (Cap 353)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Deed of Separation
  • Matrimonial Assets
  • Company Kits
  • Art Documents
  • Wine Collection
  • Personal Belongings
  • Annexure
  • Conversion
  • Credibility

15.2 Keywords

  • divorce
  • matrimonial assets
  • conversion
  • deed of separation
  • company kits
  • art documents
  • wine collection
  • costs
  • Singapore
  • appeal

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Deeds of Separation70
Conversion70
Costs60
Torts60
Contract Law60
Construction of deed60
Breach of Contract50
Matrimonial Assets40
Damages40
Company Law30
Estoppel30
Property Law30
Agency Law20
Trust Law20
Divorce20
Wills and Probate10

16. Subjects

  • Family Law
  • Civil Procedure
  • Tort
  • Contract Law
  • Division of Matrimonial Assets