Ho Kiang Fah v Toh Buan: Striking Out High Court Action Due to Pending Family Court Proceedings
In Ho Kiang Fah v Toh Buan, the High Court of Singapore struck out the plaintiff's (Ho Kiang Fah) action and the defendant's (Toh Buan) counterclaim, finding that the proceedings were an abuse of process. The court held that the Family Court was the appropriate forum to determine the division of a matrimonial asset (Parc Oasis property) since divorce and ancillary proceedings were already pending there. The judgment was delivered by Belinda Ang Saw Ean J on 2009-03-10.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Action and counterclaim struck out as an abuse of process of the court.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court action struck out as an abuse of process because matrimonial asset division was already pending in Family Court. The court found the Family Court was the appropriate forum.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ho Kiang Fah | Plaintiff, Appellant | Individual | Action Struck Out | Lost | Ho Kiang Fah |
| Toh Buan | Defendant, Respondent | Individual | Counterclaim Struck Out | Neutral | Yap Teong Liang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ho Kiang Fah | Independent Practitioner |
| Yap Teong Liang | T L Yap & Associates |
4. Facts
- Plaintiff and defendant are in the midst of matrimonial proceedings.
- A decree nisi was granted on 29 January 2008.
- The proceedings in the High Court related to a property known as Parc Oasis.
- The property was acquired during the marriage.
- Both parties have filed their respective affidavits of assets and means in Family Court.
- The plaintiff commenced proceedings in the High Court seeking declarations regarding the property's ownership and loan liabilities.
- The defendant argued that the property was a matrimonial asset to be divided in the Family Court.
5. Formal Citations
- Ho Kiang Fah v Toh Buan, Suit 45/2008, RA 282/2008, [2009] SGHC 60
6. Timeline
| Date | Event |
|---|---|
| Writ for Divorce filed | |
| H filed proceedings in the High Court against W | |
| Writ of Summons served on W | |
| Decree nisi granted | |
| H filed an O14 application | |
| AR Ms Chung Yoon Joo granted W unconditional leave to defend H’s claims | |
| Appeal listed for hearing | |
| Plaintiff’s Submission | |
| Adjourned hearings | |
| Adjourned hearing and ruling that the action and counterclaim were ordered to be struck out | |
| Decision Date |
7. Legal Issues
- Abuse of Process
- Outcome: The court found that the proceedings constituted a plain abuse of the court’s process.
- Category: Procedural
- Sub-Issues:
- Improper purpose
- Collateral purpose
- Related Cases:
- [2008] 4 SLR 348
- [1993] 3 SLR 850
- [2006] 1 SLR 582
- [2008] 2 SLR 565
- [2008] 2 SLR 239
- Jurisdiction of High Court vs Family Court
- Outcome: The court ruled that the Family Court was the more appropriate forum to litigate issues relating to the division of matrimonial assets.
- Category: Jurisdictional
- Sub-Issues:
- Appropriate forum
- Overlapping jurisdiction
- Related Cases:
- [1996] SGHC 52
- [2007] 3 SLR 663
8. Remedies Sought
- Declaration of ownership shares in property
- Order for payment of excess loan payments
- Order for sale of property
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lai Shit Har & another v Lau Yu Man | High Court | Yes | [2008] 4 SLR 348 | Singapore | Cited for the principle that the court has inherent jurisdiction to prevent an abuse of process. |
| Heng Joo See v Ho Pol Ling | High Court | Yes | [1993] 3 SLR 850 | Singapore | Cited for the principle that a court cannot remain idle when abuse of process takes place in its face. |
| Chong Li Yoon v Soo Yook Thong | High Court | No | [1993] SLR 181 | Singapore | Distinguished on the facts; cited for the principle that separate actions are required for liabilities under contract or quasi-contract, but found inapplicable in this case due to lack of pleaded factual basis. |
| Temple v Temple | UK Family Court | No | [1976] 1 WLR 701 | United Kingdom | Distinguished; cited by H to support his claim that he could separately sue to recover moneys that he had overpaid W for the DBS Loan, but the court found that no agreement or estoppel on the facts was pleaded by H. |
| Quek Jun-Ling Patricia v Chang Koon Yuen | High Court | Yes | [1996] SGHC 52 | Singapore | Cited as an illustration of the court's approach that the Family Court is a more appropriate forum to litigate the substance of points raised in proceedings when divorce proceedings are contemplated. |
| Yap Hwee May Kathryn v Geh Thien Ee Martin and another | High Court | Yes | [2007] 3 SLR 663 | Singapore | Cited as an illustration of the court's approach that the Family Court is a more appropriate forum to litigate the substance of points raised in proceedings when divorce proceedings are contemplated. |
| Chee Siok Chin & others v Minister for Home Affairs and another | Court of Appeal | Yes | [2006] 1 SLR 582 | Singapore | Cited for the four categories of abuse of process. |
| NCC International AB v Alliance Concrete Singapore Pte Ltd | High Court | Yes | [2008] 2 SLR 565 | Singapore | Cited as following the categorization countenanced in Chee Siok Chin at [34]. |
| Law Society of Singapore v Tan Guat Neo Phyllis | Court of Appeal | Yes | [2008] 2 SLR 239 | Singapore | Cited for the principle that the use of the judicial process for a purpose other than that for which it is established is regarded by the court as an abuse of its process. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 112 Women's Charter (Cap 353, 1997 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| s 59 of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial asset
- Abuse of process
- Ancillary proceedings
- Joint tenants
- Declaratory orders
- Family Court
- High Court
- Division of assets
- Proprietary rights
- Personal rights
15.2 Keywords
- matrimonial assets
- family court
- abuse of process
- divorce
- property division
16. Subjects
- Family Law
- Civil Procedure
- Matrimonial Assets
- Abuse of Process
17. Areas of Law
- Civil Procedure
- Family Law
- Matrimonial Assets
- Abuse of Process