Takahashi Kenji v Koh Hiang Pin

• Jurisdiction: Singapore
• Judgment Date: 15 August 2012
• Date: 15 August 2012
• Docket Number: Divorce Petition No 1192 of 2009
• Court: High Court (Singapore)

Takahashi Kenji

Plaintiff

and

Koh Hiang Pin

Defendant

[2012] SGHC 171

Choo Han Teck J

Divorce Petition No 1192 of 2009 (Registrar's Appeal No 150 of 2011)

High Court

Insolvency Law—Bankruptcy—Bankruptcy effects—Bankrupt's duties and liabilities—Effect of failure to obtain prior sanction of Official Assignee under s 131 (1) (a)Bankruptcy Act (Cap 20, 2009 Rev Ed) before commencing ancillary hearing in divorce proceedings—Whether latterly given sanction had retrospective effect to cure non-compliance—Whether leave of court could cure non-compliance

The appellant husband was made a bankrupt on 7 January 2010. Despite this the husband continued to maintain an action for ancillary matters against the wife in the family court without having obtained the sanction of the Official Assignee. The hearing on ancillary matters before the family court was held on 24 August 2011. Dissatisfied with the result, the husband appealed to the High Court. The husband only obtained the Official Assignee's sanction the day before the High Court hearing. At the High Court hearing, counsel for the respondent wife raised an objection to the husband not having previously sought the Official Assignee's sanction to maintain the present action.

Held, dismissing the appeal:

(1) The effect of the husband's non-compliance with the requirement to seek the ‘previous sanction of the Official Assignee’ to maintain the present action as required under s 131 (1) (a) of the Bankruptcy Act rendered the proceedings below null and void: at [3].

(2) The latterly obtained sanction of the Official Assignee did not have retrospective effect to cure the previous non-compliance, and neither could the court grant retrospective leave to cure it: at [3].

Standard Chartered Bank v Loh Chong Yong Thomas [2010] 2 SLR 569 (refd)

Bankruptcy Act (Cap 20, 2009 Rev Ed) ss 76 (1) (c) (ii) , 131 (1) (a)

Robert Leslie Gregory (L G Robert) for the appellant

Ng Shoo Cheng (Cheng & Co) for the respondent.

Choo Han Teck J

1 This was an appeal by the plaintiff-husband (‘the Husband’) against the decision of the Family Court on ancillary matters arising out of the divorce of the parties. The appeal was fixed for hearing before me in chambers on 17 July 2012. At the hearing and before substantive arguments were heard, counsel for the defendant-wife (the Respondent in this appeal), Ms Ng Shoo Cheng (‘Ms Ng’) raised the issue of the Husband's bankruptcy. Ms Ng objected on the ground...