BYX v BYY: Sale of Mortgaged Property Under Writ of Seizure and Sale
In BYX v BYY, the High Court of Singapore addressed whether an execution creditor needs mortgagee consent to sell mortgaged property seized under a writ of seizure and sale. Tan Puay Boon JC ordered the sale of the property, despite the mortgagee's lack of consent, considering it necessary and expedient under the Supreme Court of Judicature Act and Rules of Court. The court balanced the interests of the parties, including the execution creditor, mortgagee, and mortgagor, and found that the sale was justified given the likely sufficiency of sale proceeds to redeem the mortgage and the prejudice to the plaintiff and children if the sale was not ordered. The judgment clarifies the interpretation of the Supreme Court Practice Directions regarding such sales.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Order granted for the Sheriff to proceed with the sale of the Property without the consent of the mortgagee bank.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Court allows sale of mortgaged property seized under writ of seizure and sale without mortgagee consent, balancing interests of parties.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| BYX | Plaintiff | Individual | Order granted for sale of property | Won | Lee Ming Hui Kelvin, Ong Xin Ying Samantha |
| BYY | Defendant | Individual | Sale of property ordered | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Puay Boon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Ming Hui Kelvin | WNLEX LLC |
| Ong Xin Ying Samantha | WNLEX LLC |
| Tee Su Mien | Rajah & Tann Singapore LLP |
4. Facts
- Plaintiff and defendant were previously married and have three children.
- Interim judgment was granted in 2009.
- Defendant owes the plaintiff $4,109,474.76 from ancillary divorce proceedings.
- Plaintiff obtained an injunction against the defendant prohibiting him from disposing of the Property.
- Court ordered that the defendant’s interest in the Property was to be attached and taken in execution.
- Mortgagee bank did not consent to the writ of seizure and sale.
- Mortgagee bank confirmed the defendant has been prompt in servicing the mortgage.
5. Formal Citations
- BYX v BYY, Divorce (Transferred) No 4907 of 2008(Summons No 2630 of 2019), [2019] SGHC 237
6. Timeline
| Date | Event |
|---|---|
| Divorce (Transferred) No 4907 of 2008 filed | |
| Interim judgment granted | |
| Defendant owed plaintiff $4,062,751.32 since this date | |
| Injunction obtained against the defendant prohibiting him from disposing of the Property | |
| Court ordered that the defendant’s interest in the Property was to be attached and taken in execution | |
| Order registered against the Property | |
| Valuation report of the Property | |
| Writ of seizure and sale issued | |
| Plaintiff’s solicitors wrote to the mortgagee bank to seek consent for a sale of the Property | |
| Mortgagee bank stated that it did not consent to the WSS | |
| Mortgagee bank maintained it was entitled to withhold consent to the sale | |
| Plaintiff’s solicitors wrote to the mortgagee bank to invite it to file an affidavit | |
| Hearing date | |
| Mortgagee bank clarified that the issuing of the WSS and the grant of the Injunction both constituted events of default | |
| Young amicus curiae’s written submissions | |
| Kelvin Lee Ming Hui’s affidavit date | |
| Plaintiff’s further submissions | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Sale of Mortgaged Property Under Writ of Seizure and Sale
- Outcome: The court held that it could order the sale of the property even without the mortgagee's consent, considering the interests of all parties involved.
- Category: Substantive
- Related Cases:
- [2015] 1 SLR 797
- [2006] 3 SLR(R) 322
- [2018] 4 SLR 1003
- [2014] 4 SLR 462
- [1993] 1 SLR(R) 865
- [2016] 3 SLR 1222
- [1993] 2 All ER 481
8. Remedies Sought
- Order for Sale of Property
9. Cause of Actions
- Enforcement of Judgment Debt
10. Practice Areas
- Divorce
- Family Litigation
- Enforcement of Judgments
11. Industries
- Legal Services
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Citiwall Safety Glass Pte Ltd v Mansource Interior Pte Ltd | High Court | Yes | [2015] 1 SLR 797 | Singapore | Cited for the principle that courts will not normally depart from practice directions unless there is good reason. |
| United Overseas Bank Ltd v Chia Kin Tuck | Court of Appeal | Yes | [2006] 3 SLR(R) 322 | Singapore | Cited to highlight the potential scenario where a mortgagee and execution creditor seek to simultaneously exercise their powers of sale. |
| Peter Low LLC v Higgins, Danial Patrick | High Court | Yes | [2018] 4 SLR 1003 | Singapore | Cited to note that the statement that a sale under a writ of seizure and sale is not possible without the mortgagee's consent was obiter dicta. |
| Tan Poh Beng v Choo Lee Mei | High Court | Yes | [2014] 4 SLR 462 | Singapore | Cited for the court's power to direct the sale of land where it appears necessary or expedient in any cause or matter relating to land. |
| Abu Bakar v Jawahir and others | High Court | Yes | [1993] 1 SLR(R) 865 | Singapore | Cited as an example where the court has invoked its power to order a sale in cases involving joint ownership. |
| Su Emmanuel v Emmanuel Priya Ethel Anne and another | High Court | Yes | [2016] 3 SLR 1222 | Singapore | Cited as an example where the court has invoked its power to order a sale in cases involving joint ownership. |
| Palk and another v Mortgage Services Funding plc | English Court of Appeal | Yes | [1993] 2 All ER 481 | England and Wales | Cited for the principle that the court should consider the interests of all concerned when exercising its discretion to order the sale of property. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 31 r 1 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
| Family Justice Act 2014 (No 27 of 2014) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Writ of Seizure and Sale
- Mortgaged Immovable Property
- Execution Creditor
- Mortgagee Consent
- Judgment Debt
- Ancillary Proceedings
- Forced Sale Value
15.2 Keywords
- Divorce
- Writ of Seizure and Sale
- Mortgage
- Property Sale
- Enforcement
- Family Law
- Singapore
16. Subjects
- Family Law
- Civil Procedure
- Property Law
- Debt Enforcement
17. Areas of Law
- Family Law
- Civil Procedure
- Enforcement