VOC v VOD: Stay of Execution Application in Divorce Proceedings

In a divorce proceeding between VOC (the wife) and VOD (the husband), the husband applied for a stay of execution of orders made by JC Tan regarding the division of matrimonial assets and child maintenance, pending his appeal. The Family Division of the High Court, presided over by Choo Han Teck J, dismissed the husband's application, ordering that there shall be no stay of execution pending the determination of the appeal. The court found that the husband did not demonstrate special circumstances justifying a stay, and that his claims regarding his inability to pay were related to the validity of the judgment rather than its enforcement.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Application dismissed; no stay of execution granted.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application by the husband for a stay of execution of orders related to division of matrimonial assets and child maintenance pending appeal. Stay of execution dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VODDefendantIndividualStay of execution deniedLost
VOCPlaintiffIndividualApplication for stay of execution dismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Linda Joelle OngEngelin Teh Practice LLC
Lee LeannEngelin Teh Practice LLC
Teh Guek Ngor EngelinEngelin Teh Practice LLC
Teh Yi En IainEngelin Teh Practice LLC
Foo Siew FongHarry Elias Partnership LLP
Ho Shing Kwan MarcusHarry Elias Partnership LLP

4. Facts

  1. The husband applied for a stay of execution of orders regarding the division of matrimonial assets and child maintenance.
  2. The husband claimed he did not have enough money to pay the ordered sum.
  3. The husband disputed the inclusion of certain assets in the pool of matrimonial assets.
  4. The husband argued that selling his assets would cause him grave prejudice.
  5. The wife argued that the husband was able to pay the ordered sum and was attempting to mislead the court.
  6. The husband claimed he would soon have no salary and could not afford monthly maintenance for the child.
  7. The wife argued that the husband's claim about his salary was speculative.

5. Formal Citations

  1. VOC v VOD, Divorce (Transferred) No 3470 of 2018 (Summons No 96 of 2021), [2021] SGHCF 14

6. Timeline

DateEvent
Parties married
Son born
Wife and child moved out of the Property
Wife filed for divorce
Interim Judgment granted
Orders made by JC Tan
Orders made by JC Tan
Husband filed a Notice of Appeal
Wife filed an appeal
Final Judgment granted
Husband applied for a stay of execution
Judgment reserved
Judgment

7. Legal Issues

  1. Stay of Execution
    • Outcome: The court dismissed the application for a stay of execution, finding no special circumstances to justify it.
    • Category: Procedural
    • Sub-Issues:
      • Special circumstances
      • Irreparable harm
      • Likelihood of success on appeal

8. Remedies Sought

  1. Stay of execution of orders

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Strandore Invest A/S and others v Soh Kim WatHigh CourtYes[2010] SGHC 174SingaporeCited for the principles concerning a stay of execution pending appeal.
Lee Sian Hee (trading as Lee Sian Hee Pork Trader) v Oh Kheng Soon (trading as Ban Hon Trading Enterprise)High CourtYes[1991] 2 SLR(R) 869SingaporeCited regarding the likelihood of success when adducing fresh evidence in an appeal.

13. Applicable Rules

Rule Name
Rule 700 of the Family Justice Rules 2014

14. Applicable Statutes

Statute NameJurisdiction
Family Justice Rules 2014Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Stay of execution
  • Matrimonial assets
  • Child maintenance
  • Special circumstances
  • Grave prejudice
  • Restructuring proposal

15.2 Keywords

  • Divorce
  • Stay of execution
  • Matrimonial assets
  • Child maintenance
  • Singapore
  • Family Justice Courts

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law95
Stay of Execution90
Division of Assets80
Matrimonial Assets80
Child Custody70
Child Support70
Maintenance70
Civil Practice60
Appeal60
Costs50

16. Subjects

  • Family Law
  • Civil Procedure
  • Divorce