CLB v CLC: Division of Matrimonial Assets, Gifts & Inheritance Dispute

In CLB v CLC, the Appellate Division of the High Court of Singapore heard an appeal regarding the division of matrimonial assets following a divorce. The husband, CLB, appealed against the High Court's decision to include certain assets in the matrimonial pool, draw an adverse inference against him, and ascribe an indirect contribution ratio in favor of the wife, CLC. The court allowed the appeal regarding the disputed assets and the adverse inference but dismissed the appeal on the indirect ratio issue. The court recalculated the division of matrimonial assets, resulting in a new distribution ratio.

1. Case Overview

1.1 Court

Appellate Division of the High Court of the Republic of Singapore

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Family

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding division of matrimonial assets. The court allowed the appeal, excluding disputed assets and adverse inference from the pool.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
CLBAppellant, PlaintiffIndividualAppeal allowed in partPartialChiok Beng Piow, Anna Oei, Friedrich Heng
CLCRespondent, DefendantIndividualAppeal dismissed in partPartialYap Teong Liang, Tan Hui Qing, Lee Yuan Yu, Chen Yiyang

3. Judges

Judge NameTitleDelivered Judgment
Quentin LohJudge of the Appellate DivisionNo
See Kee OonJudge of the High CourtYes
Chua Lee MingJudge of the High CourtNo

4. Counsels

Counsel NameOrganization
Chiok Beng PiowAMLegal LLC
Anna OeiAMLegal LLC
Friedrich HengAMLegal LLC
Yap Teong LiangTL Yap Law Chambers LLC
Tan Hui QingTL Yap Law Chambers LLC
Lee Yuan YuTan Kim Seng & Partners
Chen YiyangTan Kim Seng & Partners

4. Facts

  1. The husband received S$5,024,886.35 from his father through inheritance and gifts.
  2. The disputed assets are six Australian bank accounts and investment portfolios valued at S$3,801,863.
  3. The husband claimed the disputed assets were derived from gifts or inheritance from his father.
  4. The Judge included the Disputed Assets in the matrimonial pool because the sources were 'not clear' and the moneys were commingled.
  5. The Judge drew an adverse inference against the Husband in respect of a discrepancy of S$496,419.
  6. The Judge ascribed a ratio of 55:45 for the parties’ indirect contributions in favour of the Wife.

5. Formal Citations

  1. CLB v CLC, Civil Appeal No 44 of 2021, [2021] SGHC(A) 19
  2. CLB v CLC, , [2021] SGHCF 17

6. Timeline

DateEvent
Divorce (Transferred) No 1639 of 2019
Judgment issued

7. Legal Issues

  1. Inclusion of Disputed Assets in Matrimonial Pool
    • Outcome: The court held that the disputed assets should have been excluded from the matrimonial pool as they were derived from gifts and inheritance and retained their character as such.
    • Category: Substantive
  2. Adverse Inference Against Husband
    • Outcome: The court held that the Judge ought not to have drawn an adverse inference against the Husband.
    • Category: Procedural
  3. Indirect Contribution Ratio
    • Outcome: The court upheld the Judge's decision on the indirect contribution ratio, finding no reason for appellate intervention.
    • Category: Substantive

8. Remedies Sought

  1. Appeal against the decision of the High Court regarding the division of matrimonial assets.

9. Cause of Actions

  • Division of Matrimonial Assets

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
USB v USA and another appealHigh CourtYes[2020] 2 SLR 588SingaporeCited for the principles on identifying matrimonial assets, specifically regarding gifts and inheritance.
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent)High CourtYes[2006] 4 SLR(R) 605SingaporeCited for the principle of whether a gift or inheritance loses its quality as such when used to obtain a different asset, requiring a 'real and unambiguous intention'.
BPC v BPB and another appealHigh CourtYes[2019] 1 SLR 608SingaporeCited for the principle that a prima facie case of concealment should be established for an adverse inference to be drawn.
ANJ v ANKHigh CourtYes[2015] 4 SLR 1043SingaporeCited for the principle that the court will approach the ascribing of the indirect contribution ratio in a 'broad brush' manner.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Inheritance
  • Gifts
  • Commingling
  • Adverse Inference
  • Indirect Contribution Ratio
  • Disputed Assets

15.2 Keywords

  • matrimonial assets
  • division of assets
  • divorce
  • family law
  • inheritance
  • gifts
  • Singapore
  • appeal

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Inheritance Law

17. Areas of Law

  • Family Law
  • Matrimonial Assets
  • Division of Matrimonial Assets
  • Gifts and Inheritance