Dorey v Lee: Property Dispute Over Matrimonial Asset Post-Divorce

In a divorce suit between Dorey Donna Marie and Lee Kit Su, with Lee Yee Wai Eva as intervener, the High Court of Singapore, presided over by Judith Prakash J, addressed a dispute over the proceeds from the sale of a property. The plaintiff claimed a share of the proceeds, arguing the property was the matrimonial home. The intervener, the defendant's aunt, claimed the entire net proceeds, asserting the property was bought with a loan she extended to the couple. The court ruled in favor of the intervener, determining the funds were a loan, not a gift, and ordered the net proceeds to be released to her.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the Intervener

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of property. The court determined funds for property purchase were a loan, not a gift, favoring the intervener.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Dorey Donna MariePlaintiffIndividualClaim DismissedLostFoo Siew Fong
Lee Kit SuDefendantIndividualNeutralNeutralCarrie Ho
Lee Yee Wai EvaIntervenerIndividualClaim AllowedWonRanjit Singh

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Foo Siew FongHarry Elias Partnership
Carrie HoSterling Law Corporation
Ranjit SinghFrancis Khoo & Lim

4. Facts

  1. The plaintiff and defendant were divorced in 2007.
  2. The plaintiff claimed a share of the net proceeds from the sale of a property, alleging it was the matrimonial home.
  3. The intervener claimed all the net proceeds, asserting the property was bought with a loan she extended to the couple.
  4. The couple purchased the property in 1995 for $1,944,639.82.
  5. The property was sold on 17 May 2007 for a net sum of $1,561,911.06.
  6. The intervener kept a schedule of payments made by the couple.
  7. The plaintiff also kept a schedule of payments titled “Capital Payments to Uncle Eu Seng & Auntie Eva”.

5. Formal Citations

  1. Dorey Donna Marie v Lee Kit Su (Lee Yee Wai Eva, Intervener), Divorce Suit No 305 of 2007/J, [2010] SGHC 57

6. Timeline

DateEvent
Couple married
First child born
Second child born
Couple had lunch with the intervener and her husband
Couple signed the acceptance form attached to the option to purchase
Option was exercised
Couple made a first payment of $25,000 to the intervener
Intervener and her husband formally presented the couple with the Property as a gift
Last cheque cashed by the intervener
Couple's relationship broke down
Property was placed on the open market for sale
Couple granted an option on the Property to a third party
Property sold
Couple divorced
Intervener joined as a party to the suit
Judgment issued

7. Legal Issues

  1. Whether funds provided for property purchase were a gift or a loan
    • Outcome: The court held that the funds were provided as a loan, not a gift.
    • Category: Substantive
    • Related Cases:
      • [1996] 1 SLR(R) 633

8. Remedies Sought

  1. Share of net proceeds from the sale of property

9. Cause of Actions

  • Claim for division of matrimonial assets

10. Practice Areas

  • Divorce
  • Matrimonial Assets Division
  • Family Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Yeo Gim Tong Michael v Tianzon LolitaHigh CourtYes[1996] 1 SLR(R) 633SingaporeCited for the principle that a donor making a gift has no intention to claim any interest or share in it and intends the recipient to take the gift absolutely at the time of the gift.

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 asset
  • Gift
  • Loan
  • Intervener
  • Net proceeds
  • Schedule of payments
  • Honour payments

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Property
  • Loan
  • Gift
  • Singapore
  • High Court

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Loans
  • Gifts

17. Areas of Law

  • Family Law
  • Divorce Law
  • Property Law