TQU v TQT: Husband's Application for Variation of Matrimonial Asset Division
In the case of TQU v TQT, the Court of Appeal of Singapore dismissed the husband's application to vary a previous judgment on the division of matrimonial assets. The court found the application to be without merit and an abuse of process, reinforcing the importance of finality in litigation. The husband sought to reduce the amount he owed to the wife due to an alleged loss from the sale of a property and other claims, but the court rejected these arguments.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Husband's application to vary the division of matrimonial assets was dismissed as an abuse of process. The court upheld the original judgment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TQU | Applicant | Individual | Application dismissed | Lost | |
| TQT | Respondent | Individual | Application dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Justice of the Court of Appeal | No |
| Belinda Ang Saw Ean | Judge of the Appellate Division | No |
| Woo Bih Li | Judge of the Appellate Division | Yes |
4. Counsels
| Counsel Name | Organization |
|---|
4. Facts
- The Court of Appeal issued a judgment on 25 February 2020 regarding the division of matrimonial assets.
- The husband filed an application on 1 November 2021 seeking a variation of certain aspects of the judgment.
- The court assessed the value of disclosed assets at $13,667,860.72 and initially apportioned them 85:15 in the husband's favor.
- The final ratio was adjusted to 75:25 in favor of the husband due to an adverse inference against him.
- The wife's share was determined to be $3,416,965.18, and the husband was ordered to pay her the balance of $2,293,307.73.
- The husband sought to reduce the amount he owed due to an alleged loss from the sale of the Eng Kong Place property.
- The husband also sought a waiver of interest on the balance sum and other reliefs related to property and shares.
5. Formal Citations
- TQU v TQT, Civil Appeal No 228 of 2018 (Summons No 90 of 2021), [2022] SGCA 5
6. Timeline
| Date | Event |
|---|---|
| Judgment issued on the division of matrimonial assets | |
| Husband filed application for variation of judgment | |
| Interest on balance sum starts accruing | |
| Date of valuation directed by court |
7. Legal Issues
- Variation of Order for Division of Matrimonial Assets
- Outcome: The court dismissed the husband's application to vary the order, emphasizing the importance of finality in litigation.
- Category: Substantive
8. Remedies Sought
- Variation of order for division of matrimonial assets
- Reduction of amount payable to wife
- Waiver of interest
- Transfer of shares
- Transfer of interest in property
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Matrimonial Assets Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TQU v TQT | Court of Appeal | Yes | [2020] SGCA 8 | Singapore | Refers to the initial judgment on the division of matrimonial assets between the parties. |
| UGC v UGD | Singapore Family Court | Yes | [2017] SGFC 118 | Singapore | Distinguished from the present case regarding the sale of property and division of proceeds. |
| AYM v AYL | Court of Appeal | Yes | [2013] 1 SLR 924 | Singapore | Cited for the principle that attempts to undermine the finality of orders regarding the division of matrimonial assets are undesirable. |
| CDV v CDW | Court of Appeal | Yes | [2020] 2 SLR 1427 | Singapore | Cited AYM v AYL and Seah Kim Seng v Yick Sui Ping to support the principle that variations of orders are rarely permissible. |
| Seah Kim Seng v Yick Sui Ping | High Court | Yes | [2015] 4 SLR 731 | Singapore | Cited for the proposition that a change in economic conditions is not a sufficient basis for unworkability to vary an order. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Division of assets
- Variation of order
- Adverse inference
- Balance sum
- Eng Kong Place property
- Lorong Pisang Raja property
- Shares in private companies
- Liang Feng Mansion
15.2 Keywords
- matrimonial assets
- division of assets
- family law
- divorce
- variation of order
16. Subjects
- Family Law
- Civil Procedure
17. Areas of Law
- Family Law
- Division of Matrimonial Assets