Hamonangan Luis v Suntanto Sanny Suriaty: Division of Matrimonial Assets in Divorce Proceedings
In Hamonangan Luis v Suntanto Sanny Suriaty, before the High Court of Singapore on 23 October 2008, the husband appealed against the District Judge's orders regarding the division of matrimonial assets and maintenance following divorce proceedings initiated by the wife. The High Court allowed the appeal in part, varying the orders related to the division of rental proceeds from the matrimonial flat and the Post Office Savings Bank (POSB) joint account. The court upheld the orders regarding the division of the sale proceeds of the matrimonial flat and the United Overseas Bank (UOB) joint account.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce appeal concerning division of matrimonial assets. The High Court varied orders regarding rental proceeds and POSB account division.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hamonangan Luis | Appellant | Individual | Appeal allowed in part | Partial | |
| Suntanto Sanny Suriaty | Respondent | Individual | Orders varied | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Soo Peng | Lim Soo Peng & Co LLP |
| Foo Siew Fong | Harry Elias Partnership |
4. Facts
- The parties were married in February 2002.
- The wife filed for divorce on 26 April 2006.
- The parties purchased a flat in Jurong West in April 2004.
- A mortgage loan of $200,000 was taken to finance the flat purchase.
- The husband's sister allegedly provided a loan of $100,000 for the flat purchase.
- The parties rented out the flat and collected rental income.
- The parties had a joint account with United Overseas Bank (UOB) and Post Office Savings Bank (POSB).
5. Formal Citations
- Hamonangan Luis v Suntanto Sanny Suriaty, RAS 43/2008, D 1949/2006, [2008] SGHC 184
6. Timeline
| Date | Event |
|---|---|
| Parties were married. | |
| Couple signed an option to purchase a flat. | |
| Purchase of flat was completed. | |
| Wife filed for divorce. | |
| Interim judgment was granted. | |
| Judgment reserved. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court varied the orders related to the division of rental proceeds from the matrimonial flat and the Post Office Savings Bank (POSB) joint account.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Apportionment of assets
- Treatment of gifts and loans
- Related Cases:
- [2007] 3 SLR 520
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
10. Practice Areas
- Family Law
- Divorce
- Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sanny Suriaty Sutanto v Luis Hamonangan | District Court | Yes | [2008] SGDC 221 | Singapore | Refers to the trial judge's reasons for the orders made regarding division of matrimonial assets and maintenance. |
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | Court of Appeal | Yes | [2008] 1 SLR 601 | Singapore | Cited regarding the principle that an appellate court will not disturb findings of fact made by the lower court unless they were clearly against the weight of the evidence. |
| Yap Giau Beng Terence v PP | N/A | Yes | [1998] 3 SLR 656 | Singapore | Cited regarding the appellate court's constraint in reviewing the trial judge's fact finding because the trial judge is presumed to have had the benefit of assessing the credibility and veracity of the witnesses in court. |
| The Popi M | N/A | Yes | [1985] 2 All ER 712 | N/A | Cited for the principle that the test is not whether the claimant’s case is more probable than that of the other party but whether it is more true than not on a balance of probabilities. |
| Clarke Beryl Claire (as personal representative of the estate of Eugene Francis Clarke) and Others v SilkAir (Singapore) Pte Ltd | N/A | Yes | [2002] 3 SLR 1 | Singapore | Cited for the principle that the test is not whether the claimant’s case is more probable than that of the other party but whether it is more true than not on a balance of probabilities. |
| Wee Yue Chew v Su Sh-Hsyu | N/A | Yes | [2008] 3 SLR 212 | Singapore | Cited for the principle that the test is not whether the claimant’s case is more probable than that of the other party but whether it is more true than not on a balance of probabilities. |
| Lock Yeng Fun v Chua Hock Chye | Court of Appeal | Yes | [2007] 3 SLR 520 | Singapore | Cited regarding the principle that in the division of matrimonial assets, the court exercises its discretion in broad strokes rather than by way of an unrealistic mathematical formulae. |
| NI v NJ | N/A | Yes | [2007] 1 SLR 75 | Singapore | Cited regarding the principle that in the division of matrimonial assets, the court exercises its discretion in broad strokes rather than by way of an unrealistic mathematical formulae. |
| Chen Siew Hwee v Low Kee Guan | N/A | Yes | [2006] 4 SLR 605 | Singapore | Cited regarding the principle that in the division of matrimonial assets, the court exercises its discretion in broad strokes rather than by way of an unrealistic mathematical formulae. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Division of Assets
- Divorce Proceedings
- Rental Proceeds
- Joint Account
- Mortgage Loan
15.2 Keywords
- divorce
- matrimonial assets
- family law
- singapore
- high court
- appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Divorce | 90 |
| Division of Assets | 90 |
| Maintenance | 85 |
| Matrimonial Assets | 80 |
| Property Law | 60 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets