VWB v VWA: Extension of Time to Appeal Enforcement of Maintenance Order
In the Family Justice Courts of Singapore, VWB (the husband) applied for an extension of time to file a Notice of Appeal against an Enforcement of Maintenance Order (EMO) and a stay of the EMO pending that appeal against VWA (the wife). The High Court, with Valerie Thean J presiding, granted an extension of time for the husband to appeal but dismissed the prayer for a stay pending the hearing of that appeal. Costs were ordered in favour of the wife.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Extension of time to appeal granted; stay of execution dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Husband seeks extension to appeal enforcement of maintenance order. Court grants extension but denies stay, ordering costs to wife.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|
4. Facts
- The husband and wife were married in 2006 and divorced in 2019.
- The First DJ ordered the husband to pay maintenance for the children and the wife.
- The husband's appeal against the maintenance order was dismissed.
- The wife filed an application to enforce the maintenance order due to arrears.
- The Second DJ determined the arrears outstanding and ordered monthly installments.
- The husband applied for an extension of time to appeal the enforcement order and a stay of execution.
- The Third DJ's directions on 4 November could have been interpreted in two ways.
5. Formal Citations
- VWB v VWA, Originating Summons (Family) No 3/2022, [2023] SGHCF 13
- VWA v VWB, , [2021] SGFC 102
6. Timeline
| Date | Event |
|---|---|
| Husband and wife married. | |
| Interim judgment of divorce granted. | |
| District Judge dealt with ancillary matters. | |
| Husband to pay maintenance for children. | |
| Husband's appeal dismissed by the High Court. | |
| Wife filed an application to enforce the maintenance order. | |
| District Judge determined arrears outstanding and ordered monthly installments. | |
| Last day to file appeal. | |
| Husband tried to lodge an appeal. | |
| FJC informed husband he was out of time. | |
| Husband filed Originating Summons (Family) No 3/2022. | |
| Husband appeared before the judge. | |
| Extension of time to appeal granted; stay pending appeal dismissed. | |
| Reasons for decision issued. | |
| Extension of time granted for husband to file an appeal against EMO 997/2022. |
7. Legal Issues
- Extension of Time to Appeal
- Outcome: Extension of time to appeal was granted.
- Category: Procedural
- Sub-Issues:
- Length of delay
- Reasons for delay
- Prospects of appeal
- Prejudice to the other party
- Related Cases:
- [2004] 2 SLR(R) 505
- [2008] 1 SLR(R) 757
- [2014] 4 SLR 202
- [2017] SGHCF 27
- [2006] 2 SLR(R) 565
- [2001] 3 SLR(R) 355
- [2019] 1 SLR 499
- [2016] SGHCF 10
- Stay of Execution Pending Appeal
- Outcome: The prayer for a stay of execution was dismissed.
- Category: Procedural
- Related Cases:
- [2021] SGHCF 14
- Enforcement of Maintenance Order
- Outcome: The court ordered the husband to pay the arrears in monthly installments.
- Category: Substantive
8. Remedies Sought
- Extension of Time to File Appeal
- Stay of Execution Pending Appeal
9. Cause of Actions
- Enforcement of Maintenance Order
10. Practice Areas
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AD v AE | Court of Appeal | Yes | [2004] 2 SLR(R) 505 | Singapore | Cited for the four factors relevant in the decision whether to grant an extension of time. |
| Lee Hsien Loong v Singapore Democratic Party and others and another suit | N/A | Yes | [2008] 1 SLR(R) 757 | Singapore | Cited for the principle that all four factors for extension of time are of equal importance. |
| Falmac Ltd v Cheng Ji Lai Charlie and another matter | N/A | Yes | [2014] 4 SLR 202 | Singapore | Cited for how the length of delay is calculated. |
| UHA v UHB | High Court (Family Division) | Yes | [2017] SGHCF 27 | Singapore | Cited as an example of a short delay. |
| Lai Swee Lin Linda v Attorney-General | N/A | Yes | [2006] 2 SLR(R) 565 | Singapore | Cited for the consideration of reasonable diligence in considering reasons for delay. |
| Aberdeen Asset Management Asia Ltd v Fraser & Neave Ltd and others | N/A | Yes | [2001] 3 SLR(R) 355 | Singapore | Cited for the standard adopted in assessing the merits of the appeal for the purposes of an application for an extension of time. |
| ARW v Comptroller of Income Tax and another and another appeal | N/A | Yes | [2019] 1 SLR 499 | Singapore | Cited for the principle that prejudice must refer to factors other than the continuation of the appeal. |
| TOC v TOD | High Court (Family Division) | Yes | [2016] SGHCF 10 | Singapore | Cited for the principle that an award of costs can remedy out-of-pocket expenses. |
| VOC v VOD | High Court (Family Division) | Yes | [2021] SGHCF 14 | Singapore | Cited for the principles relating to a stay of execution pending appeal. |
| Newspaper Seng Logistics Pte Ltd v Chiap Seng Productions Pte Ltd | High Court | Yes | [2023] SGHC(A) 5 | Singapore | Cited for the principle that costs are ordered in favour of the wife because the husband’s failure to file his appeal within the prescribed time necessitated this application. |
| VWA v VWB | Family Court | Yes | [2021] SGFC 102 | Singapore | Cited for the ancillary matters dealt with by a district judge. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
| Family Justice Rules 2014 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter 1961 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of time
- Stay of execution
- Maintenance order
- Enforcement of Maintenance Order
- Arrears
- Reasonable diligence
- Prejudice
- Show payment
15.2 Keywords
- Family Law
- Divorce
- Maintenance
- Appeal
- Extension of Time
- Stay of Execution
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Maintenance | 95 |
| Family Law | 90 |
| Appeal | 80 |
| Extension of Time | 75 |
| Civil Procedure | 70 |
| Stay of Execution | 65 |
| Garnishee Proceedings | 50 |
16. Subjects
- Family Law
- Civil Procedure
- Appeals
- Maintenance