UNE v UNF: Enforcement of Matrimonial Asset Sale Order and Penal Notice Application
In the Family Justice Courts of Singapore, Justice Debbie Ong addressed applications arising from consequential orders in the divorce case of UNE v UNF. The Wife sought orders to empower the Registrar to execute the sale of a property and to insert a penal notice in the order. The court allowed SUM 291, empowering the Registrar to execute property sale documents under specific conditions, and made no orders on SUM 301, clarifying that a penal notice does not require court endorsement.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
SUM 291 allowed on specific terms; no orders made on SUM 301.
1.3 Case Type
Family
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court addresses enforcement of a matrimonial asset sale order and application for a penal notice, clarifying procedures for committal proceedings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UNE | Plaintiff | Individual | Registrar or Assistant Registrar of the Family Justice Courts empowered to execute, sign, or indorse all necessary documents relating to the sale of the Upper Bedok property under specific conditions. | Partial | |
| UNF | Defendant | Individual | No orders made on SUM 301. | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Foo Soon Yien | BR Law Corporation |
| Hayden Seah | BR Law Corporation |
| See Chern Yang | Premier Law LLC |
4. Facts
- The court ordered the matrimonial assets to be divided equally.
- The court ordered the Upper Bedok property to be sold in the open market.
- The wife applied for an order empowering the Registrar to execute sale documents.
- The wife applied for a penal notice to be inserted in the order.
- The husband disagreed with the wife's interpretation of the sale order.
- The husband agreed in principle that a penal notice may be endorsed.
5. Formal Citations
- UNE v UNF, Divorce (Transferred) No 1855 of 2016 (Summons No 291 of 2018 and Summons No 301 of 2018), [2018] SGHCF 15
6. Timeline
| Date | Event |
|---|---|
| Divorce (Transferred) No 1855 of 2016 filed | |
| Decision delivered on ancillary matters | |
| Consequential orders made | |
| Order extracted | |
| Judgment delivered |
7. Legal Issues
- Enforcement of Court Orders
- Outcome: The court clarified the interpretation of the order regarding the sale of the property and empowered the Registrar to execute documents under specific conditions.
- Category: Procedural
- Sub-Issues:
- Failure to comply with court orders
- Interpretation of court orders
- Civil Contempt
- Outcome: The court clarified that a penal notice does not require court endorsement and can be endorsed by a party or their solicitors.
- Category: Procedural
- Sub-Issues:
- Breach of court order
- Penal notice requirements
- Committal proceedings
8. Remedies Sought
- Order empowering the Registrar to execute sale documents
- Insertion of a penal notice in the order
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Enforcement of Court Orders
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UNE v UNF | Family Justice Courts | Yes | [2018] SGHCF 12 | Singapore | Previous decision in the same case regarding the division of matrimonial assets. |
| OCM Opportunities Fund II, LP and others v Burhan Uray (alias Wong Ming Kiong) and others | High Court | Yes | [2005] 3 SLR 60 | Singapore | Cited for the principle that the court has the power to dispense with notice for mandatory and prohibitory orders when the contemnors are aware of the terms of the orders and the consequences of non-compliance. |
| Anglo-Eastern Trust v Kermanshahchi | Unknown | Yes | [2002] All ER (D) 296 (Oct) | England | Cited for the proposition that the party who extracts the order may endorse it with a penal notice without leave. |
| Deery v Deery | Unknown | Yes | [2016] NICh 11 | Northern Ireland | Cited as authority for the proposition that a penal notice can be endorsed without leave of the court. |
| Mok Kah Hong v Zheng Zhuan Yao | Court of Appeal | Yes | [2016] 3 SLR 1 | Singapore | Cited to show that a penal notice is a precursor to the commencement of committal proceedings. |
| APC v APD | High Court | Yes | [2014] SGHC 260 | Singapore | Cited to show that a penal notice is a precursor to the commencement of committal proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| Family Justice Rules 2014 (S 813/2014) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Family Justice Act 2014 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Consequential orders
- Penal notice
- Committal proceedings
- Joint conduct of sale
- Registrar empowerment clause
15.2 Keywords
- divorce
- matrimonial assets
- enforcement
- penal notice
- committal proceedings
- family law
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Contempt of Court | 90 |
| Judgments and Orders | 80 |
| Civil Practice | 70 |
16. Subjects
- Family Law
- Civil Procedure
- Enforcement of Court Orders
- Contempt of Court