Tan Teck Koon v Tong Guat Hwa: Division of Matrimonial Assets and Wife's Maintenance
In the Family Justice Courts of Singapore, Tan Teck Koon appealed against the decision of the district judge regarding the division of matrimonial assets and maintenance to Tong Guat Hwa, and Tong Guat Hwa cross-appealed. The court dismissed both appeals, upholding the original decision regarding the division of assets and lump sum maintenance.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning division of matrimonial assets and maintenance for the wife. The court dismissed both appeals, upholding the original decision.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Tan Teck Koon | Appellant, Respondent | Individual | Appeal dismissed | Lost | |
Tong Guat Hwa | Respondent, Appellant | Individual | Appeal dismissed | Lost |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Choo Han Teck | Judge | Yes |
4. Counsels
4. Facts
- The Husband and Wife married in 1988 and have two daughters.
- The Wife commenced divorce proceedings in 2014 on the ground of the Husband's behavior.
- The marriage was dissolved on 16 June 2014.
- The Husband was the sole proprietor of En-routing Marine Service Pte Ltd (EMS).
- The Wife worked as a Human Resource/Finance Executive and later as a bookkeeper for EMS.
- The parties owned a private apartment and a HDB flat.
- The Husband locked the Wife and daughters out of the matrimonial home in January 2014.
5. Formal Citations
- Tan Teck Koon v Tong Guat Hwa, District Court of Appeal from the Family Court No 158 and 159 of 2015, [2016] SGHCF 2
6. Timeline
Date | Event |
---|---|
Marriage occurred. | |
Wife gave up her job. | |
Husband locked the Wife and daughters out of the apartment. | |
Wife commenced divorce proceedings. | |
Marriage was dissolved. | |
Interim maintenance order of $3,200 was made. | |
Enforcement order was made against the Husband. | |
Ancillary matters were heard by the district judge. | |
Judgment reserved. | |
Judgment delivered. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court upheld the district judge's decision on the division of matrimonial assets.
- Category: Substantive
- Related Cases:
- [2015] 4 SLR 1043
- [2007] SGCA 21
- [2006] SGHC 95
- Wife's Maintenance
- Outcome: The court upheld the district judge's decision to award lump sum maintenance to the wife.
- Category: Substantive
- Adverse Inference
- Outcome: The court agreed with the DJ that an adverse inference should not be drawn against the Wife.
- Category: Procedural
- Related Cases:
- [2007] SGCA 21
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the three-step structured approach in dividing matrimonial assets. |
Koh Bee Choo v Choo Chai Huah | Singapore Court of Appeal | Yes | [2007] SGCA 21 | Singapore | Cited regarding drawing adverse inferences against a party and the court's power to divide matrimonial assets. |
MZ v NA | Singapore High Court | Yes | [2006] SGHC 95 | Singapore | Cited regarding the appellate court's reluctance to interfere with orders made by a lower court in the division of matrimonial assets. |
Tong Guat Hwa v Tan Teck Koon | Singapore Family Court | Yes | [2015] SGFC 154 | Singapore | This is the judgment being appealed from. |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
No applicable statutes |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Lump Sum Maintenance
- Indirect Contributions
- Direct Contributions
- Interim Maintenance
- En-routing Marine Service Pte Ltd
- Homemaker
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Singapore
- Family Law
17. Areas of Law
Area Name | Relevance Score |
---|---|
Family Law | 95 |
Matrimonial Assets | 95 |
Maintenance (Wife) | 90 |
Maintenance | 90 |
Divorce | 70 |
Civil Procedure | 30 |
Judgments and Orders | 30 |
Evidence Law | 20 |
Affidavits | 20 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance