TMY v TMZ: Appeal to Court of Appeal in Matrimonial Proceedings - Leave to Appeal Requirement
In TMY v TMZ, the Court of Appeal of Singapore addressed whether leave to appeal is required to appeal to the Court of Appeal against a decision of the Family Division of the High Court exercising its appellate civil jurisdiction. The wife, TMZ, commenced divorce proceedings against the husband, TMY. After the Family Court decided the ancillary matters, the Husband appealed to the Family Division of the High Court, and subsequently to the Court of Appeal. The Wife applied to strike out the Husband's appeal, arguing that he had not obtained the requisite leave to appeal. The Court of Appeal granted the wife's application, holding that leave to appeal is required.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal struck out; leave to appeal required from Family Division of High Court or Court of Appeal.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding ancillary matters in divorce proceedings. The Court of Appeal held that leave to appeal is required for appeals from the Family Division of the High Court.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Judge of Appeal | Yes |
| Steven Chong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Leong Choi Fun | Tan Kim Seng & Partners |
4. Facts
- The parties were involved in matrimonial proceedings in the Family Court.
- The Family Court decided the ancillary matters in the divorce.
- The Husband appealed to the Family Division of the High Court against the decision on the ancillary matters.
- The Judicial Commissioner varied the orders made by the Family Court.
- The Husband appealed to the Court of Appeal against the Judicial Commissioner’s decision.
- The Wife applied to strike out the Husband’s appeal on the basis that he had not obtained the requisite leave to appeal.
- The Husband argued that he could appeal as of right to the Court of Appeal and that he did not need leave to appeal.
5. Formal Citations
- TMY v TMZ, Civil Appeal 6 of 2017 (Summons No 14 of 2017), [2017] SGCA 57
6. Timeline
| Date | Event |
|---|---|
| Parties married in China | |
| Parties separated | |
| Wife commenced divorce proceedings | |
| Wife granted Interim Judgment by the Family Court | |
| Family Court gave its decision on the ancillary matters | |
| Husband appealed in DCA 14 to the Family Division of the High Court | |
| Judicial Commissioner gave her decision in DCA 14 | |
| Husband filed CA 6 appealing against the Judicial Commissioner’s decision | |
| Supreme Court Registry emailed the Husband about leave to appeal | |
| Supreme Court Registry replied to the Husband | |
| Husband replied to the Supreme Court Registry | |
| Wife filed SUM 14 to strike out the Husband’s Notice of Appeal in CA 6 | |
| Husband applied to the Judicial Commissioner for leave to appeal to the Court of Appeal | |
| Judicial Commissioner refused the Husband’s application for leave to appeal | |
| Hearing before the Court of Appeal | |
| Judgment reserved |
7. Legal Issues
- Leave to Appeal
- Outcome: The Court of Appeal held that leave to appeal is required to appeal against a decision of the Family Division of the High Court exercising its appellate civil jurisdiction under s 23 of the Family Justice Act.
- Category: Procedural
- Sub-Issues:
- Requirement for leave to appeal from appellate decisions of the Family Division of the High Court to the Court of Appeal
- Related Cases:
- [2013] 3 SLR 354
- [2008] 2 SLR(R) 529
- [2006] 1 SLR 135
- [1987] SLR(R) 702
- [2001] 1 SLR(R) 546
- [2000] 3 SLR(R) 612
8. Remedies Sought
- Striking out of appeal
9. Cause of Actions
- Appeal against decision on ancillary matters in divorce proceedings
10. Practice Areas
- Family Law
- Divorce
- Appellate Practice
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Dorsey James Michael v World Sport Group Pte Ltd | Court of Appeal | Yes | [2013] 3 SLR 354 | Singapore | Cited for the principle that the Court of Appeal is a creature of statute and possesses only such jurisdiction as is conferred upon it by statute. |
| Blenwel Agencies Pte Ltd v Tan Lee King | Court of Appeal | Yes | [2008] 2 SLR(R) 529 | Singapore | Cited in Dorsey James Michael v World Sport Group Pte Ltd for the principle that the Court of Appeal is a creature of statute and possesses only such jurisdiction as is conferred upon it by statute. |
| IW v IX | Court of Appeal | Yes | [2006] 1 SLR 135 | Singapore | Considered the legislative changes regarding appeals in family cases and the requirement for leave to appeal. |
| Sivakolunthu Kumarasamy v Shanmugam Nagaiah and another | Court of Appeal | Yes | [1987] SLR(R) 702 | Singapore | Discussed s 137 of the Women’s Charter in the context of enforcement of orders made by a court in the exercise of its divorce jurisdiction. |
| Eng Poh Su (now known as Eddy Eng Poh Su) v Yap Ah Ho (now known as Yap Yujing Josephine) | High Court | Yes | [2001] 1 SLR(R) 546 | Singapore | Dealt with the issue of whether an earlier version of s 21 of the SCJA applied to appeals to the High Court arising from matrimonial proceedings in the Family Court. |
| Zaleha bte A Rahman v Chaytor Alan James | High Court | Yes | [2000] 3 SLR(R) 612 | Singapore | Relied on in Eng Poh Su (now known as Eddy Eng Poh Su) v Yap Ah Ho (now known as Yap Yujing Josephine) for the proposition that s 137 of the WC could be construed as conferring a right of appeal independently of and unaffected by s 21 of the SCJA. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act s 34(5) | Singapore |
| Women’s Charter s 137 | Singapore |
| Family Justice Act s 23 | Singapore |
| Supreme Court of Judicature Act s 29A(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Leave to appeal
- Ancillary matters
- Family Division of the High Court
- Appellate civil jurisdiction
- Supreme Court of Judicature Act
- Women’s Charter
- Family Justice Act
- Right of appeal
15.2 Keywords
- Divorce
- Appeal
- Leave to Appeal
- Family Court
- High Court
- Court of Appeal
- Matrimonial Proceedings
- Singapore Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Appeal | 80 |
| Women’s Charter | 75 |
| Civil Procedure | 70 |
16. Subjects
- Family Law
- Civil Procedure
- Appeals