ADJ v ADK: Appeal for Rescission of Divorce Judgment Based on Alleged Lack of Hearing Opportunity

In ADJ v ADK, the High Court of Singapore heard an application by ADJ for leave to appeal to the Court of Appeal against a decision dismissing his appeal for the rescission of an interim judgment of divorce. The initial divorce was granted on the grounds of ADJ's unreasonable behavior. ADJ claimed he was not given a proper opportunity to be heard. Prakash J. dismissed the application, finding no error of law, no question of general principle, and no public advantage in a higher tribunal's decision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

ADJ appeals the dismissal of his application to rescind an interim divorce judgment, claiming he was denied a hearing. The court rejects his appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ADJPlaintiff, AppellantIndividualApplication dismissedLost
ADKDefendant, RespondentIndividualApplication dismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Alice TanA C Fergusson Law Corporation

4. Facts

  1. The plaintiff and defendant were married in September 2007 and had a son in July 2008.
  2. The defendant filed divorce proceedings on 3 October 2011, citing the plaintiff's unreasonable behavior.
  3. The plaintiff filed a memorandum of appearance but did not file a defense to the divorce claim.
  4. An interim judgment for divorce was granted on 21 December 2011 on an uncontested basis.
  5. The plaintiff applied to rescind the interim judgment, claiming he was not given a chance to be heard.
  6. The District Judge dismissed the plaintiff's application, and the plaintiff appealed.
  7. The Judge dismissed the plaintiff's appeal, finding he was aware of the proceedings and did not show material facts were not disclosed.

5. Formal Citations

  1. ADJ v ADK, Originating Summons No 1109 of 2012, [2014] SGHC 92
  2. AWN v AWO and another appeal, , [2012] SGHC 228

6. Timeline

DateEvent
Plaintiff and defendant married.
Plaintiff and defendant had a son.
Plaintiff filed an originating summons in the Family Court asking for the sole care and custody of the son.
Defendant filed divorce proceedings.
Plaintiff filed a memorandum of appearance.
Interim judgment for divorce was made.
Plaintiff filed a summons asking for the interim judgment to be rescinded.
Hearing before a District Judge on the plaintiff’s application to rescind the interim judgment.
Plaintiff filed an appeal against the decision of the District Judge.
Choo Han Teck J dismissed the plaintiff's appeal in AWN v AWO and another appeal [2012] SGHC 228.
Judgment reserved.

7. Legal Issues

  1. Rescission of Interim Judgment
    • Outcome: The court held that the plaintiff did not meet the requirements of s 99(2) of the Charter.
    • Category: Procedural
  2. Opportunity to be Heard
    • Outcome: The court found that the plaintiff was aware of the divorce proceedings at every stage.
    • Category: Procedural

8. Remedies Sought

  1. Rescission of Interim Judgment
  2. Leave to Appeal

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
AWN v AWO and another appealHigh CourtYes[2012] SGHC 228SingaporeThe Judge’s reasons for his decision are found in this written judgment.

13. Applicable Rules

Rule Name
Women’s Charter (Matrimonial Proceedings) Rules (Cap 353, R 4, 2006 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Interim Judgment
  • Rescission
  • Unreasonable Behaviour
  • Memorandum of Appearance
  • Statement of Particulars
  • Uncontested Divorce
  • Leave to Appeal

15.2 Keywords

  • divorce
  • rescission
  • interim judgment
  • family law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law90
Child Custody70
Evidence Law30
Contract Law20

16. Subjects

  • Divorce
  • Family Law
  • Civil Procedure