Wan Lai Cheng v Quek Seow Kee: Division of Matrimonial Assets & Wife's Maintenance

In Wan Lai Cheng v Quek Seow Kee, the Court of Appeal of Singapore heard appeals from both the husband, Quek Seow Kee, and the wife, Wan Lai Cheng, regarding the High Court's decision on the division of matrimonial assets and maintenance for the wife following their divorce. The court addressed whether inter-spousal gifts are matrimonial assets, the valuation date for assets, and the form of maintenance. The court allowed the wife's appeal in part, ordering a lump sum maintenance payment, and allowed the husband's appeal in part, including certain shares in the pool of matrimonial assets.

1. Case Overview

1.1 Court

Court of Appeal

1.2 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 concerning the division of matrimonial assets and wife's maintenance. The court addressed inter-spousal gifts and valuation dates.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Wan Lai ChengAppellant, RespondentIndividualAppeal allowed in partPartial
Quek Seow KeeRespondent, AppellantIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
V K RajahJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Luna YapLuna Yap & Company
Tan YanyingDrew & Napier LLC
Randolph KhooDrew & Napier LLC
Jonathan ChanDrew & Napier LLC

4. Facts

  1. Parties were married for 36 years.
  2. Wife filed for divorce on 26 July 2007.
  3. Husband comes from a wealthy family and is self-employed.
  4. Wife was a teacher until her retirement in 2008.
  5. Husband transferred shares in three companies to the Wife.
  6. The land on which Hampton Court stands was part of the Husband’s inheritance.
  7. The Matrimonial Home and Costa Rhu property were to be valued and sold.

5. Formal Citations

  1. Wan Lai Cheng v Quek Seow Kee and another appeal and another matter, Civil Appeals Nos 17 and 21 of 2011, and Summons No 2864 of 2011, [2012] SGCA 40
  2. Wan Lai Cheng v Quek Seow Kee, , [2011] 2 SLR 814

6. Timeline

DateEvent
Parties married in Singapore
Skeve Investment Pte Ltd incorporated to hold Riverwalk property
Wife became a shareholder and director of Skeve
Wife became a shareholder and director of Hawick and Kelso
Costa Rhu property purchased by the Husband
Wife filed for divorce
Interim judgment granted by the Family Court
Wife retired from teaching
Civil Appeals Nos 17 and 21 filed
Judgment reserved
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court clarified the treatment of inter-spousal gifts and the valuation date for matrimonial assets.
    • Category: Substantive
    • Sub-Issues:
      • Inclusion of inter-spousal gifts
      • Valuation of assets
      • Treatment of inherited assets
  2. Maintenance for Wife
    • Outcome: The court ordered a lump sum maintenance payment to the wife.
    • Category: Substantive
    • Sub-Issues:
      • Lump sum vs. monthly maintenance
      • Calculation of maintenance amount

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wan Lai Cheng v Quek Seow KeeHigh CourtYes[2011] 2 SLR 814SingaporeDecision under appeal regarding division of matrimonial assets and maintenance.
Ying Tai Plastic & Metal Manufacturing (S) Pte Ltd v Zahrin bin RabuCourt of AppealYes[1983–1984] SLR(R) 212SingaporeCited for principle of statutory interpretation.
Ng Boo Tan v Collector of Land RevenueCourt of AppealYes[2002] 2 SLR(R) 633SingaporeCited for principle of statutory interpretation.
Yeo Gim Tong Michael v Tianzon LolitaCourt of AppealYes[1996] 1 SLR(R) 633SingaporeCited for the principle that inter-spousal gifts are matrimonial assets.
Yow Mee Lan v Chen Kai BuanHigh CourtYes[2000] 2 SLR(R) 659SingaporeCited as a case where inter-spousal gifts were regarded as matrimonial assets.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited as a case where inter-spousal gifts were regarded as matrimonial assets.
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent)High CourtYes[2006] 4 SLR(R) 605SingaporeCited regarding assets acquired before marriage.
Tan Cheng Guan v Tan Hwee LeeHigh CourtYes[2011] 4 SLR 1148SingaporeCited for the principle that only third-party gifts are gifts for the purposes of the Exclusion Clause.
Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond Van Den BrandeHigh CourtYes[2011] SGHC 237SingaporeCited for the principle that only third-party gifts are gifts for the purposes of the Exclusion Clause.
Ong Chen Leng v Tan Sau PooCourt of AppealYes[1993] 2 SLR(R) 545SingaporeCited as precedent for calculating the multiplier for lump sum maintenance.
Lee Puey Hwa v Tay Cheow SengCourt of AppealYes[1991] 2 SLR(R) 196SingaporeCited for the principle that a lump sum maintenance should be ordered where possible.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 112(10) of the Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Women’s Charter (Cap 353, 1985 Rev Ed)Singapore
s 106 of the Women’s Charter (Cap 353, 1985 Rev Ed)Singapore
s 115(1) of the current ActSingapore
s 112(2)(h) of the current ActSingapore
s 114(1)(a) of the current ActSingapore
Interpretation Act (Cap 1, 2002 Rev Ed)Singapore
s 9A of the Interpretation Act (Cap 1, 2002 Rev Ed)Singapore
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore
O 57 r 9A(4)(b) of the Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Inter-spousal Gifts
  • Lump Sum Maintenance
  • Net Asset Value
  • Hawick Property Investment Pte Ltd
  • Kelso Property Investment Pte Ltd
  • Skeve Investment Pte Ltd
  • Hampton Court
  • Costa Rhu property
  • Riverwalk property

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Inter-spousal Gifts
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Division of Assets95
Family Law90
Maintenance80
Divorce70
Unreasonable Behaviour50
Estoppel30
Contract Law20
Trust Law20
Civil Procedure15
Evidence10

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance