Ong Boon Huat Samuel v Chan Mei Lan Kristine: Appeal on Division of Matrimonial Assets

In Ong Boon Huat Samuel v Chan Mei Lan Kristine, the Court of Appeal of Singapore addressed whether the husband, Samuel Ong Boon Huat, required leave to appeal a High Court decision regarding the division of matrimonial assets. The wife, Chan Mei Lan Kristine, filed a divorce petition on July 17, 2003. The court dismissed the wife's application to strike out the husband's appeal, holding that because the divorce petition was filed before December 15, 2003, leave to appeal to the Court of Appeal was not required. Consequently, the husband's application for an extension of time to apply for leave to appeal became academic.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Wife's application dismissed with costs; Husband's application became academic.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the division of matrimonial assets. The Court of Appeal held that leave to appeal was not required as the divorce petition was filed before December 15, 2003.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ong Boon Huat SamuelAppellantIndividualApplication for extension of time became academicNeutral
Chan Mei Lan KristineRespondentIndividualApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeNo
Tan Lee MengJudgeNo
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Ooi Oon TatAsia Ascent Law Corporation
Koh Tien HuaHarry Elias Partnership
Nicole LohHarry Elias Partnership

4. Facts

  1. The wife filed a divorce petition on July 17, 2003.
  2. A decree nisi was granted on September 19, 2003.
  3. The District Judge made orders regarding the division of matrimonial property on April 18, 2005.
  4. The husband appealed to the High Court against the District Judge's orders.
  5. The High Court varied the wife's share of the matrimonial properties on March 7, 2006.
  6. The husband filed an appeal against the High Court's decision on April 4, 2006.
  7. The wife applied to strike out the husband's appeal, arguing that he required leave to appeal.

5. Formal Citations

  1. Ong Boon Huat Samuel v Chan Mei Lan Kristine, CA 38/2006, [2006] SGCA 26

6. Timeline

DateEvent
Parties married
Wife filed divorce petition
Decree nisi granted
Ancillary matters heard by district judge
High Court varied Wife's share of properties
Husband filed appeal
Decision date

7. Legal Issues

  1. Leave to Appeal
    • Outcome: The Court of Appeal held that leave to appeal was not required because the divorce petition was filed before December 15, 2003.
    • Category: Procedural

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Striking out of Appeal

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets

10. Practice Areas

  • Family Law
  • Divorce
  • Appellate Practice

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
IW v IXCourt of AppealYes[2006] 1 SLR 135SingaporeCited regarding leave to appeal for a custody order, but distinguished as the Saving Provision was not brought to the court's attention.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 1993 Rev Ed)Singapore
Women’s Charter (Cap 353, 1985 Rev Ed)Singapore
Guardianship of Infants Act (Cap. 122)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Leave to Appeal
  • Transfer Order
  • Saving Provision
  • Matrimonial Assets
  • Divorce Petition

15.2 Keywords

  • Appeal
  • Leave to Appeal
  • Matrimonial Assets
  • Divorce
  • Singapore
  • Court of Appeal
  • Transfer Order

17. Areas of Law

Area NameRelevance Score
Divorce90
Family Law90
Matrimonial Assets90
Division of Assets90
Appeal80
Civil Procedure75

16. Subjects

  • Civil Procedure
  • Family Law
  • Appeals
  • Matrimonial Proceedings