Yam Lai Lin Angeline v Campbell Harvey Llewellyn: Division of Matrimonial Assets

In the High Court of Singapore, Woo Bih Li J presided over an ancillary matrimonial proceeding between Yam Lai Lin Angeline (the Wife) and Campbell Harvey Llewellyn (the Husband) concerning the division of their matrimonial flat. The court ordered the Bishan flat to be sold in the open market and the net sale proceeds to be divided 80:20 between the Wife and the Husband, with each party to use their share to reimburse their Central Provident Fund accounts. The Husband's appeal against this decision was dismissed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed; order made for the Bishan flat to be sold in the open market and the net sale proceeds to be divided 80:20 between the Wife and the Husband respectively.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the division of matrimonial assets, specifically the Bishan flat, in a divorce case. The court ordered the flat to be sold and proceeds divided 80:20.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Yam Lai Lin AngelinePetitionerIndividualAppeal dismissed; order made for the Bishan flat to be sold in the open market and the net sale proceeds to be divided 80:20 between the Wife and the Husband respectively.Won
Campbell Harvey LlewellynRespondentIndividualAppeal dismissed; order made for the Bishan flat to be sold in the open market and the net sale proceeds to be divided 80:20 between the Wife and the Husband respectively.Lost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Seenivasan LalitaVirginia Quek Lalita & Partners

4. Facts

  1. The parties were married on 22 May 1983 and have two children.
  2. The Wife obtained a personal protection order against the Husband in 1997, which was later rescinded.
  3. The Wife obtained another personal protection order against the Husband in 1998 for herself and her son.
  4. The Wife petitioned for divorce on 10 March 2003 on the ground that the parties had lived apart for four years.
  5. The Wife had paid $48,000 from her CPF account towards the acquisition of the Bishan flat.
  6. The Husband had paid $7,458 from his CPF account and $50,650 in cash towards the Bishan flat.
  7. The Wife single-handedly brought up the children in an environment of violence from the Husband.

5. Formal Citations

  1. Yam Lai Lin Angeline v Campbell Harvey Llewellyn, Divorce Petition No 600777 of 2003 (Registrar's Appeal No 720017 of 2009), [2010] SGHC 102

6. Timeline

DateEvent
Parties married
Daughter born
Son born
Wife obtained a personal protection order against the Husband by consent
Personal protection order rescinded by consent
Wife and children left the Bishan flat
Wife obtained another personal protection order against the Husband for herself and on behalf of her son
Wife petitioned for divorce
Decree nisi granted
Ancillary matters fixed before the District Judge
Order for sale of Bishan flat at no less than $480,000 made
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the Bishan flat to be sold in the open market and the net sale proceeds to be divided 80:20 between the Wife and the Husband respectively.
    • Category: Substantive
    • Related Cases:
      • [1999] 2 SLR(R) 385

8. Remedies Sought

  1. Division of Matrimonial Assets

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tay Sin Tor v Tan Chay EngUnknownYes[1999] 2 SLR(R) 385SingaporeCited for the principle that apportionment between parties should be made first, and then parties should use their respective shares to reimburse their own CPF accounts and interest.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Bishan Flat
  • Central Provident Fund
  • Personal Protection Order
  • Apportionment
  • Sale Proceeds

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Singapore
  • Family Law
  • Property Division

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Division of Matrimonial Assets90
Division of Assets90
Matrimonial Assets90
Matrimonial Home80
Maintenance70
Child Custody60
Child Support60
Maintenance (Wife)60
Maintenance (Child)60
Access to Children50
Care and Control50

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets