Lee Pauline Bradnam v Lee Thien Terh George: Reciprocal Enforcement of Commonwealth Judgments Act & Maintenance Orders
In Lee Pauline Bradnam v Lee Thien Terh George, the Singapore High Court addressed whether an order for periodic maintenance falls within the definition of a judgment under the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA). The court, presided over by AR Yeong Zee Kin, held on May 18, 2006, that periodic maintenance orders are not registrable under the RECJA, or if they are, it is neither just nor convenient to register them, setting aside the Plaintiff's registration of the Australian Family Court's order.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's registration of the Order of the Family Court of Australia relating to the Child Support Agreement is set aside.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment regarding the registrability of periodic maintenance orders under the Reciprocal Enforcement of Commonwealth Judgments Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Pauline Bradnam | Plaintiff | Individual | Registration of Order Set Aside | Lost | Anamah Tan of Independent Practitioner Veronica Joseph of Independent Practitioner |
| Lee Thien Terh George | Defendant | Individual | Order Not Registered | Won | Koh Tien Hua of Independent Practitioner Tan Shin Yi of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yeong Zee Kin | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anamah Tan | Independent Practitioner |
| Veronica Joseph | Independent Practitioner |
| Koh Tien Hua | Independent Practitioner |
| Tan Shin Yi | Independent Practitioner |
4. Facts
- Plaintiff and Defendant were married in Singapore in 1982 and have three children.
- Defendant commenced divorce proceedings in Australia in 2002; decree absolute was made on 29 June 2003.
- A Child Support Agreement was entered into on 28 August 2003, registered as an Order of Court on 15 June 2005.
- The Child Support Agreement stipulated Defendant pay AUD$24,266.66 per annum plus tuition and health insurance.
- The agency declined to register the Agreement as the Defendant was not a resident in Australia for tax purposes.
- Defendant breached the Order by failing to pay maintenance; arrears stood at AUD$132,179.28.
- Plaintiff sought to register the Order in Singapore under the Reciprocal Enforcement of Commonwealth Judgments Act.
5. Formal Citations
- Lee Pauline Bradnam v Lee Thien Terh George, OS 123/2006, [2006] SGHC 84
6. Timeline
| Date | Event |
|---|---|
| Plaintiff and Defendant married in Singapore. | |
| Defendant commenced divorce proceedings in Australia. | |
| Decree absolute made in Australia. | |
| Child Support Agreement entered into. | |
| Child Support Agreement registered as an Order of Court. | |
| Judgment reserved. |
7. Legal Issues
- Registrability of Periodic Maintenance Orders
- Outcome: The court held that periodic maintenance orders are not registrable judgments within the meaning of the Reciprocal Enforcement of Commonwealth Judgments Act.
- Category: Substantive
8. Remedies Sought
- Registration of Order
- Enforcement of Order
9. Cause of Actions
- Breach of Order
10. Practice Areas
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Hong Pian Tee v Les Placements Germain Gauthier Inc | Court of Appeal | Yes | [2001] 3 SLR 418 | Singapore | Cited for the principle that a foreign judgment sought to be registered has to be final and conclusive. |
| Hong Pian Tee v Les Placements Germain Gauthier Inc | Court of Appeal | Yes | [2002] SGCA 18 | Singapore | Cited for the principle that a foreign judgment sought to be registered has to be final and conclusive. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Commonwealth Judgments Act | Singapore |
| Maintenance Orders (Reciprocal Enforcement) Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Periodic Maintenance
- Reciprocal Enforcement of Commonwealth Judgments Act
- Child Support Agreement
- Registrable Judgments
- Maintenance Orders (Reciprocal Enforcement) Act
15.2 Keywords
- Reciprocal Enforcement
- Maintenance
- Child Support
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Child Support | 95 |
| Maintenance | 95 |
| Family Law | 90 |
| Enforcement of Foreign Judgments | 85 |
| Conflict of Laws | 70 |
16. Subjects
- Family Law
- Civil Procedure