Lee Kok Yong v Lee Guek Hua: Appeal Against Division of Matrimonial Assets and Lump Sum Maintenance
In Lee Kok Yong v Lee Guek Hua, the High Court of Singapore heard an appeal by Mr. Lee Kok Yong against the District Judge's decision to dismiss his application to vary a previous order regarding the division of matrimonial assets and a lump sum maintenance payment to his former wife, Mdm Lee Guek Hua. The High Court dismissed the appeal, enforcing the original order of court dated 30 July 2004, requiring Mr. Lee to refund monies to Mdm Lee's CPF account and pay the lump sum maintenance.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding division of matrimonial assets and lump sum maintenance. The court dismissed the appeal, enforcing the original order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Kok Yong | Appellant, Petitioner | Individual | Appeal Dismissed | Lost | |
| Lee Guek Hua (alias Li Yuehua) | Respondent | Individual | Original Order Upheld | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Say Fang | Tan Lee & Partners |
| Tan Siew Kim | Lee & Lee |
4. Facts
- The parties were married on 17 September 1997.
- The parties purchased a matrimonial property at 31 Bangkit Road #08-03 Chestervale Singapore 679973.
- The appellant filed a petition for divorce in April 2004.
- A Decree Nisi was granted on 30 July 2004 and made absolute on 1 November 2004.
- The order of court included the respondent transferring her share in the matrimonial property to the appellant after he refunded her CPF monies and the appellant paying the respondent $20,000 as lump sum maintenance.
- The appellant did not comply with the terms of the order of court.
- The appellant sought to vary the order of court to reduce the amount to be refunded to the respondent’s CPF account and the lump sum maintenance.
5. Formal Citations
- Lee Kok Yong v Lee Guek Hua (alias Li Yuehua), D 1404/2004, RAS 95/2006, 96/2006, [2007] SGHC 26
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Respondent left the appellant | |
| Appellant filed a petition for divorce | |
| Decree Nisi granted | |
| Order of court regarding division of matrimonial assets and lump sum maintenance | |
| Decree Nisi made absolute | |
| Appellant remarried | |
| Appellant and his present wife moved out of the matrimonial home | |
| Appellant's daughter was born | |
| Respondent instituted SUM 7921 of 2006 to enforce her rights under the order of court | |
| Appellant instituted SUM 7888 of 2006 to seek a variation of the order of court | |
| District Judge varied the order of court by allowing the matrimonial property to be sold | |
| Appeal dismissed |
7. Legal Issues
- Variation of Order of Court
- Outcome: The court held that as the order of court for the division of the matrimonial property in the present case is not a continuing order, the question of a variation does not arise.
- Category: Substantive
- Lump Sum Maintenance
- Outcome: The appellant’s application to reduce the lump sum maintenance payable to the respondent was dismissed.
- Category: Substantive
8. Remedies Sought
- Variation of Order of Court
- Reduction of lump sum maintenance
9. Cause of Actions
- Divorce
- Failure to comply with court order
10. Practice Areas
- Divorce
- Family Law
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chia Chew Gek v Tan Boon Hiang | Court of Appeal | Yes | [1997] 2 SLR209 | Singapore | Cited to show that an order of court in relation to the division of matrimonial property may be varied, but distinguished on the facts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 112(4) of the Women’s Charter (Cap 353, Rev Ed 1997) | Singapore |
| s 118 of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial property
- Lump sum maintenance
- Order of court
- Variation of order
- CPF account
15.2 Keywords
- Divorce
- Matrimonial Assets
- Lump Sum Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Family Law | 90 |
| Maintenance | 90 |
| Divorce | 85 |
| Property Law | 50 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance