Axm v Axo

• Jurisdiction: Singapore
• Judgment Date: 15 May 2013
• Date: 15 May 2013
• Docket Number: Divorce No 4306 of 2008
• Court: High Court (Singapore)

AXM

Plaintiff

and

AXO

Defendant

[2013] SGHC 108

Choo Han Teck J

Divorce No 4306 of 2008 (Registrar's Appeal Subordinate Courts No55 of 2012)

High Court

Family Law—Maintenance—Ancillary powers of court—Whether court had power to backdate final order for maintenance

The plaintiff (wife) and defendant (husband) married in Australia in 2001 and had three children. In 2007, the wife commenced divorce proceedings against the husband, and final judgment was granted on 5 July 2012. The ancillary matters were heard by District Judge Jen Koh (‘the District Judge’), who delivered her judgment on 12 June 2012.

The wife appealed against the district judge's orders on the maintenance for children, the backdating of the maintenance order, as well as the division of matrimonial assets. Her appeal was dismissed on 3 October 2012, and she then sought leave to appeal to the Court of Appeal.

Held, declining to grant leave to appeal:

(1) The plaintiff could and ought to have sought relief in the Australian courts. Both parties and their children and assets were in Australia, and thus it was even less appropriate for the matter to be pursued in the Singapore courts: at [4].

(2) An interim maintenance award should generally not be disturbed by way of backdating because, unless revised on appeal, it represented what was right and fair at the time: at [5].

(3) However, courts had the power to backdate a final award of maintenance where it was of the view that the final award was made with fuller arguments on both sides that might have enabled the court to make small, minor adjustments without having to change the principal amount: at [5].

(4) In this case, the defendant's application to vary the maintenance was stalled by the plaintiff's actions, and thus prejudiced the defendant's application. A backdating of the maintenance order was thus justified: at [5].

Linda Ong and Tan Li Jie (Engelin Teh Practice LLC) for the plaintiff

Defendant in person.

Choo Han Teck J

1 The plaintiff (wife) and defendant (husband) married in Australia on 29 September 2001. They have three children aged 11, 8 and 6. They are all Australian citizens and are all residing in Australia. The ancillary matters were heard by District Judge Jen Koh (‘the District Judge’) who delivered her judgment on 12 June 2012.

2 The plaintiff appealed against the District Judge's orders concerning maintenance for the children as well as for the plaintiff. She also appealed...