TDU v TDV

• Court: Family Court (Singapore)
• Judge: Colin Tan
• Judgment Date: 12 June 2015
• Neutral Citation: [2015] SGFC 79
• Citation: [2015] SGFC 79
• Published date: 12 August 2015
• Docket Number: Divorce Suit No 4476 of 2008, Summons No 11406 of 2014
• Hearing Date: 26 February 2015,02 February 2015,22 December 2014
• Plaintiff Counsel: Ms Stephanie Looi (M/s Optimus Law LLC)
• Defendant Counsel: Ms Alyssa Lee & Ms Wong Chai Kin (M/s Alyssa Lee & Co)
• Subject Matter: Civil procedure,discovery of documents

District Judge Colin Tan: Introduction

This was an application for discovery by the Defendant.

The Defendant’s application was as follows: “1. That the Plaintiff be required: a. To state on affidavit, pursuant to Rule 25(1) of the Matrimonial Proceedings Rules (Revised Edition 2006), in respect of each of the documents in the annexed Schedule, whether the same is in her possession, custody or power, and if not then in her possession, custody or power, when she parted with it and what has become of it; b. To exhibit in the affidavit a copy of each of the said documents stated to be in her possession, custody or power, pursuant to paragraph (1)(a) above; and c. In respect of each of the said documents stated not to be in her possession, custody or power, pursuant to paragraph (1)(a) above, to state the reasons why, together with supporting documentation for the explanation (if any). 2. That the affidavit under paragraph (1) above is to be filed and served by such time as directed by the Court. 3. Such further or other direction or order as the Court deems fit. 4. That the Plaintiff do pay the Defendant costs of this application.”

The Schedule referred to in the Defendant’s application set out the documents requested as follows (the documents are listed by reference to both page no. and serial no. for ease of reference as the Defendant’s solicitors repeated some of the serial nos.):

a. Page 2, item 1	“Bank statement showing the deposit of the cash sum of $22,000.00 which was withdrawn from the Plaintiff’s POSB Savings Account No. xxx on 14 May 2008.”
b. Page 2, item 2	“Copy of the cashier’s order for the sum of $100,000.00 which was withdrawn from the Plaintiff’s POSB Savings Account No. xxx on 15 May 2008.”
c. Page 2, item 3	“Bank statement showing the deposit of the cashier’s order sum of $100,000.00 which was withdrawn from the Plaintiff’s POSB Savings Account No. xxx on 15 May 2008.”
d. Page 3, item 1	“Copy of the cheque for $134.00 deposited into the Plaintiff’s POSB Savings Account No. xxx on 9 July 2008.”
e. Page 3, item 2	“Copy of the cheque for $112.00 deposited into the Plaintiff’s POSB Savings Account No. xxx on 6 October 2008.”
f. Page 3, item 3	“Document from The Central Depository (Pte) Limited or Issuers stating the name(s) of the Issuers of the $12.21 Dividends / Cash Distribution deposited into the Plaintiff’s POSB Savings Account No. xxx on 28 August 2008.”
g. Page 3, item 4	“Letter from The Central Depository (Pte) Limited stating: (1) all of the Plaintiff’s trading accounts that were linked to the Plaintiff’s CDP Securities Account No. xxx prior to the Plaintiff’s bankruptcy on 16 July 2004. (2) the total market value of all of the Plaintiff’s shareholdings as at 15 July 2004, the day before the Plaintiff was made a bankrupt on 16 July 2004. (3) whether there was any trading activity on the said Plaintiff’s trading accounts during the Plaintiff’s bankruptcy from 16 July 2004 to 18 April 2008. (4) the current status of all of the said Plaintiff’s trading accounts.”
h. Page 4, item 5	“Copy of the letter from the Plaintiff’s former / current Solicitors to the Official Assignee, informing the Official Assignee of the outcome of their findings from The Central Depository (Pte) Limited on the following as requested by the Official Assignee: (1) whether all of the Plaintiff’s trading accounts linked to the Plaintiff’s CDP Securities Account No. xxx have been de-linked with effect from July 2004. (2) the period when there was no trading on the said Plaintiff’s trading accounts.”
i. Page 5, item 1	“Copy of the cheque for $100,000.00 deposited into the Plaintiff’s HSBC Account No. xxx on 16 May 2008.”
j. Page 5, item 2	“Letter from HSBC to the Plaintiff’s Solicitors stating: (1) the account numbers of all the HSBC bank accounts that the Plaintiff has maintained solely or jointly with other person(s) during the period from October 2005 to date. (2) the opening dates of the said bank accounts. (3) the balances in the said bank accounts as at 31 December of the years from 2005 to 2012. (4) the closing dates of the said bank accounts (if applicable). (5) if any of the said bank accounts has been closed, the balance(s) in the bank account(s) 1 month before the closing date(s). (6) that the information mentioned above is given on the Bank’s understanding that it will be used for the Court hearing in this Divorce Suit.”
k. Page 6, item 3	“Letter from DBS Bank to the Plaintiff’s Solicitors stating: (1) the account numbers of all the DBS Bank and POSBank accounts that the Plaintiff has maintained solely or jointly with other person(s) during the period from October 2005 to date. (2) the opening dates of the said bank accounts. (3) the balances in the said bank accounts as at 31 December of the years from 2005 to 2012. (4) the closing dates of the said bank accounts (if applicable). (5) if any of the said bank accounts has been closed, the balance(s) in the bank account(s) 1 month before the closing date(s). (6) that the information mentioned above is given on the Bank’s understanding that it will be used for the Court hearing in this Divorce Suit.”
l. Page 6, item 4	“Letter from OCBC Bank to the Plaintiff’s Solicitors stating: (1) the account numbers of all the OCBC Bank accounts that the Plaintiff has maintained solely or jointly with other person(s) during the period from 21 April 2011 to date. (2) the opening dates of the said bank accounts. (3) the balances in the said bank accounts as at 31 December of the years from 2011 to 2012. (4) the closing dates of the said bank accounts (if applicable). (5) if any of the said bank accounts has been closed, the balance(s) in the bank account(s) 1 month before the closing date(s). (6) that the information mentioned above is given on the Bank’s understanding that it will be used for the Court hearing in this Divorce Suit.”
m. Page 7, item 5	“Letter from United Overseas Bank Limited to the Plaintiff’s Solicitors stating: (1) the account numbers of all the UOB bank accounts that the Plaintiff has maintained solely or jointly with other person(s) during the period from October 2005 to date. (2) the opening dates of the said bank accounts. (3) the balances in the said bank accounts as at 31 December of the years from 2005 to 2012. (4) the closing dates of the said bank accounts (if applicable). (5) if any of the said bank accounts has been closed, the balance(s) in the bank account(s) 1 month before the closing date(s). (6) that the information mentioned above is given on the Bank’s understanding that it will be used for the Court hearing in this Divorce Suit.”
n. Page 8, item 6	“Letter each from the following banks to the Plaintiff’s Solicitors: (A) Local Commercial Banks (1) Bank of Singapore Limited (2) Far Eastern Bank Ltd (3) Singapore Island Bank Limited (B) Foreign Full Commercial Banks (4) Australia & New Zealand Banking Group Limited (5) Bangkok Bank Public Company Limited (6) Bank of China Limited (7) The Bank of East Asia Ltd (8) CIMB Bank Berhad (9) Citibank N.A. (10) Citibank Singapore Limited (11) HL Bank Singapore (12) Industrial and Commercial Bank of China Limited (13) Malayan Banking Berhad (14) PT Bank Negara Indonesia (Persero) Tbk (15) RHB Bank Berhad (16) Standard Chartered Bank (C) Foreign Wholesale Commercial Banks (17) ABN AMRO Bank N.V. (18) DNB Bank Asa (19) HSBC Private Bank (Suisse) SA (20) Mega International Commercial Bank Co., Ltd (21) National Australia Bank Ltd (D) Foreign Offshore Commercial Banks (22) Bank of Taiwan (23) Hang Seng Bank Limited (24) Krung Thai Bank Public Company Limited (25) Land Bank of Taiwan (26) PT Bank Mandiri (Persero) Tbk (27) The Siam Commercial Bank Public Company Limited (E) Merchant Bank (28) DNB Asia Ltd stating: (a) the account numbers of all the respective bank accounts that the Plaintiff has maintained solely or jointly with other person(s) during the period from October 2005 to date (if any). (b) the opening dates of the said bank accounts. (c) the balances in the said bank accounts as at 31 December of the years from 2005 to 2012. (d) the closing dates of the said bank accounts (if applicable). (e) if any of the said bank accounts has been closed, the balance(s) in the bank account(s) 1 month before the closing date(s). (f) that the information mentioned above is given on the Bank’s understanding that it will be used for the Court hearing in this Divorce Suit.”
o. Page 10, item 7	“Copy of Plaintiff’s Statement of Affairs filed at the Official Assignee’s office on 11 August 2004.”
p. Page 10, item 8	“Letter from The Central Depository (Pte) Limited to the Plaintiff’s Solicitors stating: (1) all the securities and trading accounts that the Plaintiff has maintained solely or jointly with other person(s) during the period from January 2006 to date. (2) the opening dates of the said securities and trading accounts. (3) the total market value of all of the shareholdings in the said securities and trading accounts as at 31 December of the years from 2006 to 2012. (4) the

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