VLY v VLX

• Jurisdiction: Singapore
• Judge: Sheik Mustafa
• Judgment Date: 19 October 2020
• Neutral Citation: [2020] SGFC 85
• Court: Family Court (Singapore)
• Docket Number: FC/D 1111/2016, District Court Appeal No. HCF/RAS 24/2020
• Published date: 24 October 2020
• Year: 2020
• Hearing Date: 09 September 2020
• Plaintiff Counsel: Chong Xin Yi, of Gloria James-Civetta & Co
• Defendant Counsel: Daniel Loh, of BR Law Corporation
• Citation: [2020] SGFC 85

District Judge Sheik Mustafa:Introduction

In this case the Defendant filed an application to vary certain portions of a consent order on ancillary matters consequent to his divorce from the Plaintiff. The Defendant requests for a variation of the order such as to give him the conduct of the sale of one of the matrimonial properties.

The Plaintiff counter-applies also to vary certain portions of the ancillary orders regarding disposition of assets, as well as for an order that the Defendant be liable to pay her a lump sum maintenance.

I heard the parties and made orders in favour of the Defendant’s application, and I dismissed the Plaintiff’s application. The Plaintiff appeals against my decision, and here are the grounds of my decision.

The consent order

The parties divorced on [XX] October 2016. Subsequently, they consented to the terms of an order of court dated on ancillary matters on [XX] July 2018. It is useful to set out the full order is as follows –1.Division of the Matrimonial Propertiesa.The property at [M Street] Singapore (‘the M Property’) shall be sold in the open market within 8 months from the date of the Certificate of Final Judgment and the net sale proceeds less outstanding loan and costs and expenses of sale shall be fully paid to the Plaintiff. Pending the sale of the same, the Defendant shall continue to solely bear the monthly mortgage instalments for the M Property. The Plaintiff shall have sole conduct of the sale and the Defendant shall do everything necessary to facilitate the sale including but not limited to promptly executing the sale documents and authorising the Plaintiff to receive payment of all sale proceeds and option monies. If the sale of the M property is delayed other than by reason of the Defendant’s default/neglect/omission to facilitate the sale, upon the sale of the M Property, the Plaintiff shall reimburse any payments made by the Defendant towards the M Property after the expiry of 8 months from the date of the Certificate of Final Judgment. Subject to the condition in the previous sentence, the Defendant shall consent to any application by the Plaintiff for an extension of time for sale of the M Property.b.Pending the sale of the M Property above, the Defendant shall continue to pay the monthly mortgage loan instalments for the matrimonial home located at [H Walk] Singapore (‘the Matrimonial Home’). Within one month of the date of completion of the sale of the M Property, the Defendant shall transfer his rights title and interests in the Matrimonial Home to the Plaintiff without any cash consideration or refund of the Defendant’s CPF contributions (if any). The Plaintiff shall be solely responsible for the mortgage loan repayments after the date of the transfer. The Plaintiff shall reimburse the mortgage instalments payments made by the Defendant towards the Matrimonial Home after the sale of the M Property or after the expiry of 8 months from the date of the Certificate of Final Judgment, whichever is earlier;c.The Plaintiff shall transfer all her rights title and interests in the property at [Jalan S], Kota Tinggi to the Defendant without any cash consideration concurrent with the transfer of the Matrimonial Home by the Defendant to the Plaintiff pursuant to Clause 3(b) above.d.The following companies of the Defendant in Malaysia in which the Plaintiff has direct or indirect shareholding shall be would up or struck out:i.[MS] Sdn. Bhd.ii.[MO] Sdn. Bhd.iii.[NH] Sdn. Bhd.iv.[FT] Sdn. Bhd.

The Plaintiff shall consent to the winding up or striking out (as the case may be) of the abovementioned companies and carry out all necessary actions to effect the same. The net proceeds of liquidation shall be distributed in proportion to the respective shareholdings (if any) of the shareholders of those companies.

e.The Registrar or Assistant Registrar of the Family Justice Courts under section 31 of the Family Justice Act is empowered to execute, sign or indorse all necessary documents relating to matters contained in this Order on behalf of either party should either party fail to do so within seven (7) days of written request being made to the party.2.Wife's Maintenancea.The Defendant shall pay the Plaintiff the sum of $4,000.00 as monthly maintenance with effect from [XX] July 2018 and subsequently on the first day of each subsequent month until such time that the M Property is sold. The Defendant shall continue to pay the monthly sum of $4,000.00 to the Plaintiff in the event that the sale of the M Property is delayed. Upon the completion of the sale of the M Property, no maintenance is payable to the Plaintiff.b.The interim maintenance orders dated [XX] November 2016 and [XX] August 2017 are discharged with immediate effect.3.Children’s Maintenancea.With immediate effect, the Defendant shall pay the following expenses until [Child] completes his tertiary education or until the Plaintiff remarries, whichever is earlier:i.Monthly utilities for the Matrimonial Home to be paid by GIRO directly to the relevant authorities;ii.Quarterly payment of the MCST maintenance fees for the Matrimonial Home to be paid to the MCST directly by GIRO; andiii.A monthly sum of $2,000.00 as the household and marketing expenses for the family to be paid to the Plaintiff on the first day of each month. Payment shall be made by way of GIRO bank remittance into the Plaintiff’s Bank Account No. [0000].iv.A monthly sum of $1,000.00 as salary for the domestic helper on the first day of each month as well as any other ad hoc maid-related expenses such as agency fees within 3 working days of the Plaintiff forwarding receipts/invoices/proof of payment to the Defendant via email or Whatsapp. Payment shall be made by way of GIRO bank remittance into the Plaintiff’s Bank Account No. [1111].b.If the Defendant neglects/omits or otherwise fails to make prompt payment for the items in Clause 3(f) above and the Plaintiff makes the said payments on behalf of the Defendant, the amount(s) paid by the Plaintiff shall be recoverable forthwith as a debt due and owing from the Defendant to the Plaintiff. The Defendant shall be liable to reimburse the Plaintiff upon the Plaintiff forwarding receipts/invoices/proof of payment that the Plaintiff made the said payments on the Defendant’s behalf.c.The Defendant shall solely bear the children’s expenses, including but not limited to:-i.All educational expenses, whether in Singapore or overseas; andii.Other academic-related expenses including tuition fees, housing and accommodations etc. The Defendant shall pay the school fees payable directly to the educational institutions.d.The Defendant shall ensure that the account balance in the joint account(s) that he holds with the children is always sufficient to pay for the children’s expenses.4.Division of the Matrimonial Assets (aside from the matrimonial home)

Each party shall retain assets in their respective sole names.

5.Costs

The Defendant shall pay the Plaintiff a sum of $5,000.00 forthwith as legal costs contributions.

6.Others

Liberty to apply.

The Defendant’s application.

The Defendant requests for the following:1.That Clause 1(a) of the Order of Court shall be varied to read as follows:a.The M Property shall be sold in the open market within 3 months from the date of the order to be made at a sale price not less than S$4,400,000/-, and the net sale proceeds (less (i) outstanding loan, (ii) costs and expenses of sale and (iii) the reimbursements to be made to the Defendant as stated hereinbelow) shall be fully paid to the Plaintiff.b.Pending the sale of the same, the Defendant shall continue to solely bear the monthly mortgage instalments for the M Property.c.The Defendant...