Pang Rosaline v Chan Kong Chin

Pang Rosaline v Chan Kong Chin

The court exercised its discretion under s112 and s114 of the Women’s Charter: the flat (No.2 Marine Vista) to be sold and net proceeds apportioned 20% to wife and 80% to husband; the matrimonial home (No.17A Sennett Road) to be sold and net proceeds apportioned 40% to wife and 60% to husband; wife to be paid half the sale proceeds of CMG Global 100 Fund forthwith ($17,910.72) and half of proceeds of two other unit trusts when sold; golf and country club memberships to be sold or bought over with net proceeds/losses divided equally unless wife elects to buy within specified time; no maintenance awarded to wife or son save conditional contribution by husband (80%) to son’s tertiary fees if...

Citation
[2009] SGHC 39
Parties
Petitioner/wife: Pang Rosaline; Respondent/husband: Chan Kong Chin
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
18 February 2009
Case Number
DT 5148/2005
Procedural Posture
Divorce Ancillary Matters Under Women’s Charter / High Court Judgment on Ancillary Matters (decision)
Outcome
Ancillary relief granted in part; detailed property sale and apportionment orders, limited financial orders and costs fixed as below; wife filed notice of appeal against the High Court decision.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Assessment of Maintenance, Sale of Matrimonial Property, Disclosure/discovery
Source Language
English
Family Law Matrimonial Property Maintenance Discovery Ancillary Relief Division of Matrimonial Assets Assessment of Maintenance Sale of Matrimonial Property +1 more

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Parties

Pang Rosaline

Petitioner/wife

Chan Kong Chin

Respondent/husband

Procedural Posture

Divorce Ancillary Matters Under Women’s Charter / High Court Judgment on Ancillary Matters (decision)

Legal Issues

  1. 1 Division of matrimonial assets under s112 of the Women’s Charter
  2. 2 Assessment of maintenance under s114 of the Women’s Charter
  3. 3 Entitlement to assets asserted as non-matrimonial (mother’s flat)

Ratio Decidendi

The court exercised its discretion under s112 and s114 of the Women’s Charter: the flat (No.2 Marine Vista) to be sold and net proceeds apportioned 20% to wife and 80% to husband; the matrimonial home (No.17A Sennett Road) to be sold and net proceeds apportioned 40% to wife and 60% to husband; wife to be paid half the sale proceeds of CMG Global 100 Fund forthwith ($17,910.72) and half of proceeds of two other unit trusts when sold; golf and country club memberships to be sold or bought over with net proceeds/losses divided equally unless wife elects to buy within specified time; no maintenance awarded to wife or son save conditional contribution by husband (80%) to son’s tertiary fees if...

Court Disposition

Ancillary relief granted in part; detailed property sale and apportionment orders, limited financial orders and costs fixed as below; wife filed notice of appeal against the High Court decision.

Orders

  • The flat at No.2 Marine Vista #18-73, Neptune Court to be sold within 180 days and sale proceeds less sale/incidental expenses apportioned 20% to wife and 80% to husband.
  • The matrimonial home at No.17A Sennett Road to be sold in the open market within 12 months and sale proceeds less sale/incidental expenses apportioned 40% to wife and 60% to husband.