Wong Lai Kum v Lim Khee Tee: Setting Aside Maintenance Orders Due to Change in Financial Circumstances
In 2012, the High Court of Singapore heard the case of Wong Lai Kum v Lim Khee Tee, where Lim Khee Tee (the husband) applied to set aside High Court and Court of Appeal orders for maintenance to his former wife, Wong Lai Kum, and son, Linus. The court, presided over by Tay Yong Kwang J, granted the application in part, setting aside the earlier maintenance orders due to the husband's change in financial circumstances since losing his job in 2005. However, the court made no order regarding a subsequent Family Court order for maintenance. The wife has appealed the decision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Maintenance orders set aside in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court set aside maintenance orders against Lim Khee Tee due to his unemployment since 2005, but did not disturb a Family Court order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wong Lai Kum | Respondent | Individual | Appeal to the Court of Appeal | Other | |
| Lim Khee Tee | Applicant | Individual | Maintenance orders set aside in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Grace Tan | Robert Wang & Woo LLP |
| David Liew | LawHub LLC |
4. Facts
- The wife commenced divorce proceedings against the husband in 1994.
- The husband was ordered to pay maintenance for his son and former wife.
- The husband lost his employment in 2005.
- The husband's income decreased significantly after losing his job.
- The husband has limited savings and assets.
- The husband is living in a rented 2-room flat.
- The wife alleges the husband has hidden assets.
5. Formal Citations
- Wong Lai Kum v Lim Khee Tee, Divorce Petition No 2899 of 1994, [2012] SGHC 151
6. Timeline
| Date | Event |
|---|---|
| Wife commenced divorce proceedings against the husband. | |
| High Court gave its decision on the ancillary issues. | |
| Court of Appeal varied the High Court’s order. | |
| Husband discharged from bankruptcy. | |
| Husband stopped paying maintenance. | |
| Husband's employment terminated. | |
| Husband and Linus attended a mediation session and agreed to maintenance. | |
| HDB offered the husband rental of a 2-room flat. | |
| High Court set aside the earlier two maintenance orders but made no order on the third. |
7. Legal Issues
- Setting aside maintenance orders
- Outcome: The court set aside the earlier maintenance orders due to the husband's change in financial circumstances.
- Category: Substantive
- Sub-Issues:
- Material change in circumstances
- Inability to pay
8. Remedies Sought
- Setting aside maintenance orders
9. Cause of Actions
- No cause of actions
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 |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| Section 118 of the Women’s Charter | Singapore |
| Section 72 of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Maintenance order
- Change in circumstances
- Loss of employment
- Financial hardship
- Setting aside
- Variation of order
15.2 Keywords
- Divorce
- Maintenance
- Financial circumstances
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Maintenance | 98 |
| Maintenance (Child) | 95 |
| Family Law | 95 |
| Children's Maintenance | 92 |
| Maintenance (Wife) | 90 |
| Divorce | 90 |
| Matrimonial Assets | 60 |
| Division of Assets | 60 |
16. Subjects
- Family Law
- Divorce
- Maintenance