UNE v. UNF: Committal Order for Breach of Ancillary Matters Order Regarding Return of Personal Photographs

In the Family Justice Courts of Singapore, UNE (the Wife) applied for a committal order against UNF (the Husband) for allegedly breaching an Ancillary Matters Order to return personal photographs and a photograph album. The High Court (Family Division), presided over by Justice Debbie Ong, dismissed the application, finding that the order lacked sufficient clarity regarding the time and manner of compliance, and that the Wife had not proven the Husband's intentional non-compliance. The court also noted the acrimonious relationship between the parties and the context in which the order was made.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

SUM 391/2018 is dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Oral Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The court dismissed an application for a committal order against the Husband for allegedly breaching an order to return personal photographs to the Wife.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UNEPlaintiffIndividualApplication DismissedLost
UNFDefendantIndividualApplication DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudgeYes

4. Counsels

Counsel NameOrganization
Foo Soon YienBR Law Corporation
Seah Kiat HongBR Law Corporation
See Chern YangPremier Law LLC

4. Facts

  1. The Wife alleged the Husband breached an Ancillary Matters Order to return personal photographs and a photograph album.
  2. The Order did not specify a time frame for the Husband to return the items.
  3. The Wife was given access to the Toh Crescent property where the items were supposed to be.
  4. The Wife claimed she did not find the photograph album when she visited the property.
  5. The Husband stated that his daughter may have disposed of the items without his knowledge.
  6. The court found the Order lacked sufficient clarity for committal proceedings.

5. Formal Citations

  1. UNE v UNF, Divorce (Transferred) No 1855 of 2016(Summons No 391 of 2018), [2019] SGHCF 9

6. Timeline

DateEvent
Divorce (Transferred) No 1855 of 2016 filed
Summons No 391 of 2018 filed
Ancillary Matters Orders made
Wife visited Toh Crescent property to retrieve photograph album
Hearing date
Hearing date
Judgment date

7. Legal Issues

  1. Breach of Court Order
    • Outcome: The court found that the order was not sufficiently clear and the Wife failed to prove the Husband's intentional breach.
    • Category: Substantive
    • Sub-Issues:
      • Non-compliance with ancillary matters order
      • Intentional disobedience of court order
  2. Enforcement of Court Orders
    • Outcome: The court emphasized the need for clarity in court orders and the high standard of proof required for committal proceedings.
    • Category: Procedural
    • Sub-Issues:
      • Committal proceedings
      • Standard of proof in contempt cases

8. Remedies Sought

  1. Order of Committal

9. Cause of Actions

  • Contempt of Court

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte LtdHigh CourtYes[2018] 4 SLR 828SingaporeCited for the principles of contempt of court under the Administration of Justice (Protection) Act 2016 and at common law.
Mok Kah Hong v Zheng Zhuan YaoCourt of AppealYes[2016] 3 SLR 1SingaporeCited for the standard of proof in contempt proceedings and the requisite mens rea for disobedience of court orders.
QU v QVN/AYes[2008] 2 SLR(R) 702SingaporeCited for the principle that an order must be unambiguous for committal proceedings to lie against a defendant.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 45 r 6(2)
Family Justice Rules (S 813/2014) r 695(2)

14. Applicable Statutes

Statute NameJurisdiction
Administration of Justice (Protection) Act 2016Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Committal Order
  • Ancillary Matters Order
  • Contempt of Court
  • Breach of Court Order
  • Mens Rea
  • Standard of Proof
  • Toh Crescent Property

15.2 Keywords

  • committal
  • contempt
  • ancillary matters
  • family law
  • divorce
  • photographs
  • court order

17. Areas of Law

Area NameRelevance Score
Contempt of Court80
Judgments and Orders75
Civil Procedure70
Family Law60

16. Subjects

  • Family Law
  • Civil Procedure
  • Contempt of Court
  • Enforcement of Court Orders