AD v AE

AD v AE

No special or more liberal regime applies to custody appeals; ordinary discretionary principles under the Rules of Court (the four-factor test) apply and on the facts the judge below erred in granting an extension of time solely because the matter concerned custody; the extension was refused and the appeal allowed.

Citation
[2004] SGCA 15
Parties
Appellant (husband): AD; Respondent (wife): AE
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
7 April 2004
Case Number
CA 118/2003
Procedural Posture
Appeal Against High Court Order Refusing/challenging Extension of Time to Serve Notice of Appeal (family Custody Matter) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; no extension of time granted to respondent to serve the notice of appeal; costs awarded to appellant
Legal Topics
Extension of Time, Notice of Appeal, Welfare of the Child, Discretionary Relief, Timelines and Finality
Source Language
English
Civil Procedure Family Law Appeals Child Custody Extension of Time Notice of Appeal Welfare of the Child Discretionary Relief +1 more

Case Brief

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Parties

AD

Appellant (husband)

AE

Respondent (wife)

Procedural Posture

Appeal Against High Court Order Refusing/challenging Extension of Time to Serve Notice of Appeal (family Custody Matter) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether an extension of time to serve a notice of appeal should be granted
  2. 2 Whether a more liberal or different discretionary standard applies where the appeal concerns custody of a child
  3. 3 Application of the four-factor test (length of delay, reason for delay, prospects of success, prejudice to respondent)

Ratio Decidendi

No special or more liberal regime applies to custody appeals; ordinary discretionary principles under the Rules of Court (the four-factor test) apply and on the facts the judge below erred in granting an extension of time solely because the matter concerned custody; the extension was refused and the appeal allowed.

Court Disposition

Appeal allowed; no extension of time granted to respondent to serve the notice of appeal; costs awarded to appellant

Orders

  • Appeal allowed
  • Order of the High Court granting extension of time set aside