ACW v ACX: Discovery & Interrogatories for Company Documents in Divorce Ancillary Matters
In ACW v ACX, the Singapore High Court heard cross-appeals by the Husband and Wife concerning orders for discovery and interrogatories related to company documents in the context of ancillary matters following an interim judgment for divorce. The court dismissed the Husband's appeal, upholding the order for him to disclose financial information related to the [X] group of companies. The court allowed the Wife's appeal in part, directing the Husband to answer an interrogatory regarding a Vietnamese joint venture. The central legal issue concerned the extent of the Husband’s obligations regarding discovery and interrogatories that relate to companies over which he has significant control and interest.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Husband’s appeal dismissed and Wife’s appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Cross-appeals concerning discovery orders related to company documents in divorce ancillary matters, focusing on the husband's obligations regarding companies he controls.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| ACW | Plaintiff, Appellant | Individual | Appeal dismissed | Lost | Ivan Cheong, Cheong Yen Lin Adriene |
| ACX | Defendant, Respondent | Individual | Appeal allowed in part | Partial | Bernice Loo, Darren Chan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Edmund Leow | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ivan Cheong | Harry Elias Partnership |
| Cheong Yen Lin Adriene | Harry Elias Partnership |
| Bernice Loo | Allen & Gledhill LLP |
| Darren Chan | Allen & Gledhill LLP |
4. Facts
- Interim judgment for divorce was granted on 30 January 2012.
- The Husband and Wife are in dispute over the discovery of documents related to the [X] group of companies.
- The Husband is a co-chairman and co-owner of [X] (Asia Pacific) Limited with [Y], with equal shareholdings.
- [X] (Asia Pacific) Limited owns other companies under the [X] umbrella group, except for [X] Group Singapore Pte Ltd, which is owned directly by the Husband and [Y].
- The Deputy Registrar ordered the Husband to disclose documents and answer interrogatories pertaining to the [X] group of companies.
- The Wife sought discovery of documents and information pertaining to a Vietnamese joint venture that the Husband entered into.
5. Formal Citations
- ACW v ACX, Divorce Suit No 4187 of 2011 (RAS 123 of 2013 and RAS 128 of 2013), [2014] SGHC 53
6. Timeline
| Date | Event |
|---|---|
| Interim judgment for divorce was granted | |
| [Z]'s affidavit dated | |
| [Y]’s affidavit dated | |
| Wife’s affidavit dated | |
| Decision Date |
7. Legal Issues
- Discovery of Company Documents in Ancillary Matters
- Outcome: The court held that the Husband had custody of the documents sought by the Wife and dismissed the Husband's appeal.
- Category: Procedural
- Sub-Issues:
- Extent of discovery obligations
- Relevance of company documents
- Custody and power of documents
8. Remedies Sought
- Discovery of Documents
- Answers to Interrogatories
9. Cause of Actions
- Divorce
- Ancillary Matters
10. Practice Areas
- Divorce
- Family Litigation
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| B v B (Matrimonial Proceedings: Discovery) | N/A | Yes | [1978] Fam 181 | England | Provides guidance for discovery of documents belonging to a company of which the husband was a director and shareholder, in the context of proceedings for ancillary relief. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Matrimonial Proceedings) Rules | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Discovery
- Interrogatories
- Ancillary Matters
- Company Documents
- Possession
- Custody
- Power
- Financial Statements
- Vietnamese Joint Venture
- [X] group of companies
15.2 Keywords
- Divorce
- Discovery
- Interrogatories
- Company Documents
- Ancillary Matters
- Singapore
- Family Law
16. Subjects
- Family Law
- Civil Procedure
- Company Law
- Discovery
17. Areas of Law
- Family Law
- Divorce Law
- Civil Procedure
- Discovery
- Company Law