Re Maneerat Wongdao Mrs Maneerat Ng: Presumption of Death under Evidence Act
In Re Maneerat Wongdao Mrs Maneerat Ng, the High Court of Singapore heard an ex parte application by Maneerat Wongdao Mrs Maneerat Ng for a declaration that her husband, Ng Siang Chun, be presumed dead under Section 110 of the Evidence Act. The court, presided over by Justice Tan Siong Thye, dismissed the application, citing insufficient steps taken by Maneerat and Ng's father to locate Ng after he went missing in Thailand in 2006. The court found that the efforts to locate Ng were concentrated in Singapore, whereas more efforts should have been made in Thailand, where he was last seen.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed an application to declare Ng Siang Chun presumed dead, due to insufficient steps taken to locate him after his disappearance in Thailand.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Maneerat Wongdao Mrs Maneerat Ng | Applicant | Individual | Application dismissed | Lost | Low Jianhui |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Jianhui | Dew Chambers |
4. Facts
- Ng left for Thailand in June 2006 for a business trip and did not return.
- Maneerat provided Ng with 100,000 baht initially and later remitted S$1,800.
- Ng's father suspected Ng did not want to return due to outstanding loans.
- Maneerat made three police reports in 2007, 2012, and 2017.
- Advertisements were placed in Singapore and Thailand newspapers in 2015.
- Maneerat sought the declaration to sell a flat held in Ng's name.
- Ng was last heard from in September 2006.
5. Formal Citations
- Re Maneerat Wongdao Mrs Maneerat Ng, Originating Summons No 1225 of 2017, [2018] SGHC 06
6. Timeline
| Date | Event |
|---|---|
| Ng left for Thailand for a business trip. | |
| Maneerat remitted S$1,800 to Ng in Thailand. | |
| Last contact with Ng. | |
| Ng’s father made a police report. | |
| Maneerat made a second police report. | |
| Advertisements placed in Singapore and Thailand newspapers. | |
| Maneerat lodged a third police report. | |
| Lawyers wrote to the Ministry of Defence and the Immigration & Checkpoints Authority. | |
| Maneerat wrote to Sengkang Neighbourhood Police Centre, Ang Mo Kio Police Division Headquarters, Bedok Police Divisional Headquarters and the Attorney-General’s Chambers. | |
| Hearing of Originating Summons No 1225 of 2017. | |
| Judgment issued. |
7. Legal Issues
- Presumption of Death
- Outcome: The court held that the applicant did not provide sufficient evidence to raise the presumption of death under Section 110 of the Evidence Act.
- Category: Substantive
- Sub-Issues:
- Sufficiency of evidence
- Reasonable steps to locate missing person
8. Remedies Sought
- Declaration that Ng Siang Chun is presumed dead
9. Cause of Actions
- Declaration of Presumed Death
10. Practice Areas
- Civil Litigation
- Family Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Wong Sook Mun Christina | High Court | Yes | [2005] 3 SLR(R) 329 | Singapore | Cited for the approach to be taken under sections 109 and 110 of the Evidence Act and the interpretation of 'naturally have heard of'. |
| Re Soo Ngak Hee | High Court | Yes | [2011] 1 SLR 103 | Singapore | Cited for the proposition that section 109 prima facie places the burden of proof on the applicant and the requirements under section 110 of the Evidence Act. |
| Re Kornrat Sriponnok | High Court | Yes | [2015] 3 SLR 465 | Singapore | Cited for the principle that section 109 places the burden of proving the subject’s death on the person asserting and the insufficiency of steps taken to locate the subject. |
| Lim Ah Khee v Legal Representative of the Estate of Ong Koh Tee, deceased | High Court | Yes | [1994] 2 SLR(R) 212 | Singapore | Cited as an example of proving death with affirmative evidence, not relying on the presumption under section 110 of the Evidence Act. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Presumption of death
- Section 110 Evidence Act
- Missing person
- Sufficient steps
- Thailand
- Police report
15.2 Keywords
- presumption of death
- evidence act
- singapore
- missing person
- declaration
16. Subjects
- Evidence
- Presumptions
- Family Law
17. Areas of Law
- Evidence Law
- Presumptions
- Family Law