WVG v WVH: Extension of Time for Appeal in Deputyship Application under Mental Capacity Act

In WVG v WVH, the Family Division of the High Court of Singapore heard an application by WVG for an extension of time to file an appeal against the District Judge's decision regarding deputyship under the Mental Capacity Act. The underlying dispute concerned the appointment of deputies for P, who suffers from dementia. The court, presided over by Justice Choo Han Teck, granted the application, emphasizing the importance of considering all potential deputies to serve the best interests of P. The court directed counsel for the applicant to show cause as to why he should not be made to personally bear the costs of these proceedings.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Application to restore District Court Appeal 123/2023 granted.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The court granted an extension of time for WVG's appeal, emphasizing the importance of considering all potential deputies in the best interests of P.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WVGApplicant, AppellantIndividualApplication to restore District Court Appeal 123/2023 grantedWon
WVHRespondentsIndividualApplication to restore District Court Appeal 123/2023 grantedLost
WVIRespondentsIndividualApplication to restore District Court Appeal 123/2023 grantedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Manickavasagam s/o R M Karuppiah PillaiManicka & Co
Eva Teh Jing HuiK&L Gates Straits Law LLC
Benjamin KangK&L Gates Straits Law LLC
Joan Lim-CasanovaK&L Gates Straits Law LLC

4. Facts

  1. The underlying dispute concerns the appointment of deputies for P, who was diagnosed with dementia in January 2020.
  2. The applicant, WVG, is in an extra-marital relationship with P since 2014.
  3. The respondents, WVH and WVI, are P’s eldest daughter and youngest son, respectively.
  4. In July 2022, the respondents applied to be appointed as joint deputies over P’s personal welfare, property, and affairs.
  5. The respondents did not disclose the relationship between P and the applicant throughout the proceedings.
  6. The applicant filed to revoke the deputyship order made in OSM 233.
  7. The applicant failed to file her appellant’s case and record of appeal by the deadline.

5. Formal Citations

  1. WVG v WVH and another, , [2024] SGHCF 48

6. Timeline

DateEvent
P was diagnosed with dementia.
P’s wife filed for divorce.
Respondents applied to be appointed as joint deputies over P’s personal welfare, property, and affairs.
Respondents were appointed as joint deputies over P’s personal welfare, property, and affairs.
Respondents filed a summons for an order that the applicant be prevented from access to P.
Applicant filed to revoke the deputyship order made in OSM 233.
The DJ dismissed the applicant’s application in OSM 253 but appointed the applicant as joint deputies over P’s personal welfare.
Both the respondents and the applicant brought cross-appeals against the DJ’s decision.
Mr Manickavasagam took over the matter from the applicant’s former solicitors.
Parties were directed to file their respective cases and a joint record of appeal by 8 October 2024.
Applicant failed to file her appellant’s case and record of appeal.
District Court Appeal 123/2023 was deemed withdrawn.
Affidavit filed by Mr Manickavasagam.
Applicant commenced originating summons, applying for an extension of time to file the record of appeal and appellant’s case, and for her appeal to be reinstated.
Applicant made a request for an extension of time to file the required documents.
Hearing of the application.
Judgment reserved.

7. Legal Issues

  1. Extension of Time
    • Outcome: The court granted the application for extension of time.
    • Category: Procedural
    • Related Cases:
      • [2008] 1 SLR(R) 757
      • [2023] SGHC(A) 5
      • [2004] 2 SLR(R) 505
      • [2023] SGHC(A) 14
      • [2014] 4 SLR 202
      • [2023] 1 SLR 1437
  2. Revocation of Deputyship Order
    • Outcome: The court considered the importance of non-disclosure of material facts in deputyship applications.
    • Category: Substantive

8. Remedies Sought

  1. Extension of time to file the record of appeal and appellant’s case
  2. Reinstatement of appeal in HCF/DCA 123/2023

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Hsien Loong v Singapore Democratic Party and others and another suitUnknownYes[2008] 1 SLR(R) 757SingaporeCited for the applicable legal principles to an application for extension of time.
Newspaper Seng Logistics Pte Ltd v Chiap Seng Productions Pte LtdHigh CourtYes[2023] SGHC(A) 5SingaporeCited for the applicable legal principles to an application for extension of time.
AD v AECourt of AppealYes[2004] 2 SLR(R) 505SingaporeCited regarding non-compliance with the rules of procedure in the context of matters involving the welfare of the children.
Sunpower Semiconductor Ltd v Powercom Yuraku Pte LtdHigh CourtYes[2023] SGHC(A) 14SingaporeCited regarding the consideration of an application for extension of time ultimately depends on the facts.
Falmac Ltd v Cheng Ji Lai Charlie and another matterCourt of AppealYes[2014] 4 SLR 202SingaporeCited for the principle that the length of delay is calculated from the breached deadline to the date on which the application for extension of time is commenced.
Jumaat bin Mohamed Sayed and others v Attorney-GeneralCourt of AppealYes[2023] 1 SLR 1437SingaporeCited for the principle that the length of delay is calculated from the breached deadline to the date on which the application for extension of time is commenced.

13. Applicable Rules

Rule Name
Family Justice Rules 2014

14. Applicable Statutes

Statute NameJurisdiction
Mental Capacity Act 2008Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Extension of time
  • Deputyship
  • Mental Capacity Act
  • Non-disclosure
  • Best interests
  • Material facts

15.2 Keywords

  • Family Law
  • Mental Capacity Act
  • Extension of Time
  • Deputyship
  • Singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Deputyship90
Mental Capacity Law85
Trusts and Estates60
Evidence Law40
Administrative Law30

16. Subjects

  • Family Law
  • Mental Capacity
  • Civil Procedure