JBB v JBA: Costs in Matrimonial Proceedings and Divorce Judgments

In JBB v JBA, the High Court of Singapore heard an appeal regarding costs in matrimonial proceedings. The husband, JBB, appealed against the grant of an interim judgment of divorce to the wife, JBA. The court dismissed the appeal and awarded costs of the appeal to the wife. The court provided guidance on awarding costs in matrimonial proceedings, emphasizing the court's discretion and the need to minimize acrimony between parties.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed; costs of the appeal awarded to the wife.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court decision on costs in matrimonial proceedings, dismissing the husband's appeal and awarding costs to the wife. The court outlines principles for awarding costs in divorce cases.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
JBBAppellantIndividualAppeal DismissedLost
JBARespondentIndividualCosts of Appeal AwardedWon

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudgeYes

4. Counsels

Counsel NameOrganization
Mahadevan LukshumayehS T Chelvan & Company
Sandra Segeram MahendraSegeram & Co

4. Facts

  1. The parties were married on 17 November 1994.
  2. The wife commenced divorce proceedings in October 2012.
  3. The wife initially based her divorce petition on four years' separation.
  4. The wife later amended her writ to rely on the husband's behavior.
  5. The District Judge granted an interim judgment of divorce in October 2014.
  6. The District Judge ordered that parties bear their own costs.
  7. The husband appealed against the decision of the District Judge.

5. Formal Citations

  1. JBB v JBA, District Court Appeal from the Family Courts No [X], [2015] SGHCF 6

6. Timeline

DateEvent
Parties married in Singapore
Wife commenced divorce proceedings
Wife amended writ to rely on husband's behavior
District Judge granted an interim judgment of divorce
Costs of the appeal awarded to the wife
Decision Date

7. Legal Issues

  1. Award of Costs in Matrimonial Proceedings
    • Outcome: The court held that the award of costs lies in the discretion of the court and costs should generally follow the event, but there are usually good reasons in the context of matrimonial proceedings to depart from it.
    • Category: Procedural
    • Related Cases:
      • [2013] 2 SLR 246
      • [2014] SGHC 112
      • [2015] 1 SLR 496
      • [2014] 1 SLR 245
      • [1996] 1 SLR(R) 906
      • [1997] 1 SLR(R) 336
      • [2011] SGHC 138
      • [2006] 4 SLR(R) 605
      • [1988] 1 SLR(R) 631
      • [2015] 3 SLR 973
      • [1996] SGHC 206
      • [2012] SGHC 213
      • [2010] SGHC 148

8. Remedies Sought

  1. Interim Judgment of Divorce
  2. Costs

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Law
  • Divorce
  • Matrimonial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Aurol Anthony Sabastian v Sembcorp Marine LtdCourt of AppealYes[2013] 2 SLR 246SingaporeCited for the broad discretion of the courts in relation to costs and the overriding concern to achieve the fairest allocation of costs.
BMG v BMHHigh CourtYes[2014] SGHC 112SingaporeCited to support the principle that the matter of costs is within the discretion of the court.
Maryani Sadeli v Arjun Permanand Samtani and another and other appealsCourt of AppealYes[2015] 1 SLR 496SingaporeCited for the cost-shifting rule and the policy considerations which inform the indemnity principle.
Then Khek Koon and another v Arjun Permanand Samtani and another and other suitsHigh CourtYes[2014] 1 SLR 245SingaporeCited for the rationale of the indemnity principle and enhancing access to justice.
Shi Fang v Koh Pee HuatCourt of AppealYes[1996] 1 SLR(R) 906SingaporeCited for the principle that the wife should be entitled to the full costs of the hearing of the divorce petition.
Tham Khai Meng v Nam Wen Jet BernadetteCourt of AppealYes[1997] 1 SLR(R) 336SingaporeCited for the principle that the wife should be allowed the costs of the hearing of ancillary matters as a continuation of the hearing of the divorce petition.
AQT v AQUHigh CourtYes[2011] SGHC 138SingaporeCited for the principle that the court must be sensitive that the cost order does not run contrary to the no-fault basis that underlies jurisprudence on divorce.
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent)High CourtYes[2006] 4 SLR(R) 605SingaporeCited for the observation that the hearing of ancillary matters is a discrete set of proceedings.
Sujatha v Prabhakaran NairHigh CourtYes[1988] 1 SLR(R) 631SingaporeCited for the principle that the court could not make an order for the costs incurred in subsequent proceedings.
BNS v BNTCourt of AppealYes[2015] 3 SLR 973SingaporeCited for the principle that the court can exercise its discretion to depart from the general principle that costs should follow the event.
Lum Cheng Yee (M W) v Lai Choon SengHigh CourtYes[1996] SGHC 206SingaporeCited for the usual attitude of the court in ancillary matters is that each party should bear his/her own costs.
Cheung Kam Yi Betty v Liu Tsun KieHigh CourtYes[2012] SGHC 213SingaporeCited for the principle that in general, costs are not ordered in matrimonial matters.
AHJ v AHKHigh CourtYes[2010] SGHC 148SingaporeCited for the view that parties should bear their own costs as is usual in proceedings of this nature.
BNH v BNIHigh CourtYes[2013] SGHC 283SingaporeCited for the reason for ordering that parties bear their own costs is the courts’ desire to minimise acrimony and discontent between parties.
Povey v PoveyN/AYes[1971] 2 WLR 381N/ACited for the sentiment that the “event” in my judgment is not a sufficiently sensitive indicator in the family division.
Tan Kay Poh v Tan Surida and anotherN/AYes[1988] 2 SLR(R) 515SingaporeCited for affirming the notion of “no-fault” divorce.
Cheng William v Chai Mei LengN/AYes[1999] 1 SLR(R) 1093SingaporeCited for affirming the notion of “no-fault” divorce.
AQS v AQRCourt of AppealYes[2012] SGCA 3SingaporeCited for affirming the notion of “no-fault” divorce.
ALJ v ALKHigh CourtYes[2010] SGHC 255SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.
Tan Hwee Lee v Tan Cheng Guan and another appeal and another matterCourt of AppealYes[2012] 4 SLR 785SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.
AYQ v AYR and another matterCourt of AppealYes[2013] 1 SLR 476SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.
BCB v BCCCourt of AppealYes[2013] 2 SLR 324SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.
BJS v BJTCourt of AppealYes[2013] 4 SLR 41SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.
Kwee Lee Fung Ivon v Lim GordonHigh CourtYes[2013] SGHC 228SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.
ANH v ANIHigh CourtYes[2014] SGHC 184SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.
Guo Ningqun Anthony v Chan Wing SunHigh CourtYes[2014] SGHC 56SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.
AYM v AYL and another appealCourt of AppealYes[2014] 4 SLR 559SingaporeCited as a case where no order as to costs was made for matrimonial proceedings.

13. Applicable Rules

Rule Name
Family Justice Rules 2014 (S 813/2014)

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Family Justice Act 2014 (Act 27 of 2014)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Matrimonial Proceedings
  • Divorce
  • Interim Judgment
  • Ancillary Matters
  • No-Fault Divorce
  • Irretrievable Breakdown
  • Family Justice Rules

15.2 Keywords

  • divorce
  • matrimonial
  • costs
  • family law
  • singapore
  • appeal

17. Areas of Law

Area NameRelevance Score
Costs95
Divorce95
Matrimonial Proceedings90
Family Law90
Appeal70
Matrimonial Assets60
Civil Procedure40

16. Subjects

  • Family Law
  • Divorce
  • Costs in Legal Proceedings