TGT v TGU: Forum Non Conveniens and Child Maintenance Under Guardianship of Infants Act

In TGT v TGU, the High Court of Singapore heard an appeal by the father, TGT, against the District Judge's decision to refuse a stay of proceedings for the mother, TGU's application for maintenance of their autistic son, R, under the Guardianship of Infants Act. The father argued that Hong Kong was a more appropriate forum. Foo Tuat Yien JC allowed the appeal, granting an unconditional stay of proceedings in Singapore, determining that Hong Kong was the more appropriate forum and that there would be no denial of substantial justice to the mother if the proceedings were stayed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed and unconditional stay of proceedings in Singapore granted.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding a stay of mother's application for child maintenance. The court granted the stay, finding Hong Kong a more appropriate forum.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TGTAppellantIndividualAppeal AllowedWon
TGURespondentIndividualApplication StayedLost

3. Judges

Judge NameTitleDelivered Judgment
Foo Tuat YienJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Thian Wen YiHarry Elias Partnership LLP
Koh Tien HuaHarry Elias Partnership LLP
Gloria James-CivettaGloria James-Civetta & Co
Shen Luda GenesisGloria James-Civetta & Co

4. Facts

  1. The mother and son are citizens of and reside in Hong Kong.
  2. The father is a British citizen who holds permanent residencies in Hong Kong and Singapore and is employed and resides in Singapore.
  3. The mother applied for maintenance in Singapore because she was out of time under Hong Kong law.
  4. The son is autistic and has obsessive compulsive disorder.
  5. The father's monthly salary is about $26,000 inclusive of bonus.
  6. The mother has been unemployed since February 2014.
  7. The father and mother had two children together but never married.

5. Formal Citations

  1. TGT v TGU, , [2015] SGHCF 10
  2. TGT v TGU, Registrar's Appeal (Family Courts) No 22 of 2015, Registrar's Appeal (Family Courts) No 22 of 2015

6. Timeline

DateEvent
Elder daughter born to the parties.
R born to the parties.
Correspondence between parties' Hong Kong solicitors regarding children's provision.
Age of majority in Hong Kong lowered from 21 to 18 years.
Father left for Singapore.
Mother divorced her husband.
Elder daughter left Hong Kong to attend boarding school in the UK.
Father went to the UK.
Father returned to work in Singapore.
Mother bought an apartment in London for the elder daughter.
Mother became unemployed.
Mother applied for maintenance for R in Singapore.
Judgment reserved.
Decision Date.

7. Legal Issues

  1. Forum Non Conveniens
    • Outcome: The court found that Hong Kong was a clearly more appropriate forum than Singapore.
    • Category: Procedural
    • Related Cases:
      • [1987] AC 460
  2. Child Maintenance
    • Outcome: The court determined that the mother's application for child maintenance should be heard in Hong Kong.
    • Category: Substantive
  3. Denial of Substantial Justice
    • Outcome: The court held that there would be no denial of substantial justice to the mother if the proceedings were stayed in Singapore.
    • Category: Procedural

8. Remedies Sought

  1. Maintenance Order

9. Cause of Actions

  • Application for Child Maintenance

10. Practice Areas

  • Family Litigation
  • Appeals

11. Industries

  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Spiliada Maritime Corporation v Cansulex LtdHouse of LordsYes[1987] AC 460England and WalesCited for the two-stage test for determining forum non conveniens.
Rickshaw Investments Ltd and another v Nicolai Baron von UexkullCourt of AppealYes[2007] 1 SLR(R) 377SingaporeCited for the acceptance of the Spiliada principles by the Singapore Court of Appeal.
PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) Ltd and anotherCourt of AppealYes[2001] 1 SLR(R) 104SingaporeCited for the principle of identifying the court which should adjudicate the dispute most suitably for the interests of the parties and the ends of justice.
Sanjeev Sharma s/o Shri Sarvjeet Sharma v Surbhi Ahuja d/o Sh Virendra Kumar AhujaHigh CourtYes[2015] 3 SLR 1056SingaporeCited for the application of the Spiliada principles to matrimonial proceedings.
TDX v TDYHigh CourtYes[2015] 4 SLR 982SingaporeCited for the application of the Spiliada principles to applications relating to children or maintenance and the interaction between the Spiliada principles and the welfare principle.
BDA v BDBCourt of AppealNo[2013] 1 SLR 607SingaporeCited for the application of the Spiliada principles to applications relating to children or maintenance, but distinguished on the facts.
Hindocha and ors v Gheewala and orsUnknownYes[2004] 1 CLC 502England and WalesCited for the definition of an available foreign court.
Lubbe and others v Cape plcUnknownYes[2000] 1 WLR 1545England and WalesCited for the practical approach to determining whether a foreign court is available.
In re McC (A minor)UnknownYes[1985] 1 AC 528England and WalesCited for the definition of jurisdiction.
Petroleo Brasiliero SA v Mellitus Shipping Inc and orsCourt of AppealYes[2001] CLC 1151England and WalesCited for the principle that the absence of a good claim in a foreign jurisdiction does not make it an unavailable forum.
Baridhi Shipping Lines Ltd and another v Sea Consortium Pte Ltd and anotherHigh CourtYes[2002] 2 SLR(R) 269SingaporeCited as an example where the Singapore court held that a foreign court, which declined jurisdiction, was an available forum.
Re F (A Minor) (Abduction: Custody Rights)UnknownYes[1991] Fam 25England and WalesCited for explaining the two different contexts in which the welfare of the child is considered.
BNT v BNSHigh CourtYes[2015] 3 SLR 973SingaporeCited for the welfare principle, which has been described as the 'golden thread' in proceedings affecting the interests of children.
Herceg Novi (Owners) v Ming Galaxy (Owners)Court of AppealYes[1998] CLC 1487England and WalesCited for the principle that the court should not decide whether English law is better than the law of another jurisdiction.
The Owners of the Ship or Vessel Ming Galaxy v The Owners of the Ship or Vessel or Property Herceg NoviHigh CourtYes[1998] SGHC 303SingaporeCited for the principle that the denial of substantial justice could not be shown just by weighing the justice of another system of law with that of the system of law in Singapore.
The “Reecon Wolf”High CourtYes[2012] 2 SLR 289SingaporeCited for the principle that the fact that the law in the alternative forum may be less favorable to the plaintiff does not necessarily justify a dismissal of the stay application on the ground of forum non conveniens.
Garsec v His Majesty The Sultan of BruneiSupreme Court of New South WalesYes[2007] NSWSC 882AustraliaCited for the principle that there is no justification for a presumption that a claimant is entitled to win or that a defendant must be found to be liable.
Garsec Pty Ltd v His Majesty The Sultan of Brunei and anotherUnknownYes(2008) 250 ALR 682AustraliaCited for upholding the refusal to grant the stay.
Q & M Enterprises Sdn Bhd v Poh KiatHigh CourtYes[2005] 4 SLR(R) 494SingaporeCited for the importance of international comity.
Good Earth Agricultural Co Ltd v Novus International Pte LtdCourt of AppealYes[2008] 2 SLR(R) 711SingaporeCited for the importance of international comity.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Guardianship of Infants Act (Cap 122, 1985 Rev Ed)Singapore
Guardianship of Infants Act (Cap 122, 1985 Rev Ed), s 5Singapore
Women’s Charter (Cap 353, 2009 Rev Ed), s 69Singapore
Hong Kong Guardianship of Minors Ordinance (Chapter 13), s 12AHong Kong
Hong Kong Matrimonial Proceedings and Property Act (Chapter 192)Hong Kong
Hong Kong Age of Majority (Related Provisions) Ordinance (Chapter 410)Hong Kong

15. Key Terms and Keywords

15.1 Key Terms

  • Forum Non Conveniens
  • Guardianship of Infants Act
  • Child Maintenance
  • Stay of Proceedings
  • Hong Kong
  • Singapore
  • Autism
  • Obsessive Compulsive Disorder

15.2 Keywords

  • Forum Non Conveniens
  • Child Maintenance
  • Guardianship of Infants Act
  • Singapore
  • Hong Kong
  • Family Law

17. Areas of Law

Area NameRelevance Score
Guardianship of Infants Act95
Child Support90
Women’s Charter80
Family Law75
Jurisdiction70
Conflict of Laws65
Child Custody60
Administrative Law20
Divorce20
Contract Law15
Constitutional Law10
Succession Law5

16. Subjects

  • Family Law
  • Conflict of Laws
  • Civil Procedure