Lim Thian Yew v Ong Suan Lay: Appeal on Admissibility of Explicit Photographs in Adultery Case
In Lim Thian Yew v Ong Suan Lay, the High Court of Singapore heard an appeal by the defendant, Lim Thian Yew, against the District Court's dismissal of his appeal. The case concerns the admissibility of explicit photographs as evidence in an adultery claim brought by the plaintiff, Ong Suan Lay. The High Court varied the orders of the court below, allowing the photographs to be admitted but permitting the defendant to amend his defense and file an affidavit to present his version of the evidence.
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
Appeal regarding the admissibility of explicit photographs as evidence of adultery. The court allowed the photographs but permitted the defendant to amend his defense.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Thian Yew | Appellant, Defendant | Individual | Appeal allowed in part | Partial | |
| Ong Suan Lay | Respondent, Plaintiff | Individual | Orders of the court below varied | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Suchitra Ragupathy | Rodyk & Davidson LLP |
| Yap Teong Liang | T L Yap & Associates |
4. Facts
- The defendant appealed against the dismissal of his appeal by the District Court judge.
- The wife discovered explicit photographs in the matrimonial flat.
- The wife claimed the photographs supported her case that the defendant had committed adultery.
- The defendant denied knowledge of the photographs and claimed one photograph was of the plaintiff and defendant before they were married.
- The defendant sought to amend his defence and file an affidavit to deny and present his version of the evidence concerning the photographs.
- The plaintiff gave details of how the defendant injured her shoulder in her affidavit.
5. Formal Citations
- Lim Thian Yew v Ong Suan Lay, D 4746/2006, RA 109/2008, [2009] SGHC 80
6. Timeline
| Date | Event |
|---|---|
| Lawsuit filed | |
| Appeal filed | |
| Judgment issued |
7. Legal Issues
- Admissibility of evidence
- Outcome: The court held that the photographs were likely to be relevant for the trial.
- Category: Procedural
- Sub-Issues:
- Relevance of evidence
- Discovery of evidence
8. Remedies Sought
- Expunging parts of affidavit
- Amendment of defence
9. Cause of Actions
- Adultery
10. Practice Areas
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Explicit photographs
- Adultery
- Affidavit
- Discovery
- Matrimonial flat
15.2 Keywords
- Adultery
- Photographs
- Evidence
- Appeal
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Adultery | 90 |
| Family Law | 80 |
| Civil Practice | 75 |
| Divorce | 70 |
| Evidence Law | 60 |
| Evidence | 60 |
| Affidavits | 60 |
16. Subjects
- Family Law
- Civil Procedure
- Evidence