Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado: Division of Matrimonial Assets and Injunction

In Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado, the High Court of Singapore heard appeals regarding the division of matrimonial assets and the continuation of an injunction. The court dismissed both the wife's appeal for a larger share of the assets and the husband's appeal against the injunction, upholding the district judge's original orders. The case involved a claim for division of matrimonial assets after a 25-year marriage.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Both appeals dismissed with no order as to costs.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case concerning the division of matrimonial assets after a 25-year marriage and the continuation of an injunction against the husband.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Castello Ana Paula Costa FusillierAppellantIndividualAppeal DismissedLost
Lobo Carlos Manuel RosadoRespondentIndividualCross Appeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Kew ChaiJudgeYes

4. Counsels

Counsel NameOrganization
Luna YapLuna Yap and Co
Chandra Mohan K NairTan Rajah and Cheah

4. Facts

  1. The parties are Portuguese nationals who have resided in Singapore since 1978.
  2. The parties were married on 4 April 1978 and have two sons, Goncalo and Ricardo.
  3. The husband worked as a captain pilot with Singapore International Airlines (SIA) since 1978 and compulsorily retired in December 2003.
  4. The wife has never worked and primarily took care of the two sons.
  5. The wife refused the husband conjugal rights since February 1994.
  6. The husband acquired several assets from his earnings as a pilot, including properties in Portugal, bank accounts, CPF, and SIA Provident Fund.
  7. The first injunction was granted after the wife discovered that the husband had removed moneys from the joint HSBC account.

5. Formal Citations

  1. Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado (No 2), Div P 601422/2002, RAS 720114/2003, 720115/2003, [2004] SGHC 114

6. Timeline

DateEvent
Parties married at the Singapore Marriage Registry.
First injunction granted after wife discovered husband removed moneys from joint HSBC account.
Husband instructed Standard Chartered Bank to remove moneys from injuncted accounts.
Court ordered husband not to deal with the accounts, pending further order.
Husband's last basic salary was $19,500 per month.
Husband compulsorily retired as an airline pilot.
Appeals dismissed with no order as to costs.

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court upheld the district judge's order that the wife be entitled to 30% of the matrimonial assets.
    • Category: Substantive
  2. Continuation of Injunction
    • Outcome: The court upheld the district judge's decision to continue the injunction against the husband's assets.
    • Category: Procedural

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Continuation of Injunction

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Family Law
  • Injunctions

11. Industries

  • Aviation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Injunction
  • Division of Assets
  • CPF
  • SIA Provident Fund
  • Unreasonable Behaviour

15.2 Keywords

  • matrimonial assets
  • division of assets
  • injunction
  • family law
  • divorce
  • singapore

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Division of Assets95
Family Law90
Injunctions70
Maintenance60

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Injunctions