Peh Chui Choo v Kuah Peng Ah

Peh Chui Choo v Kuah Peng Ah

The application to reduce maintenance was dismissed because the respondent had deliberately divested and concealed assets to place them beyond the reach of enforcement; the alleged change in financial circumstances was self‑inflicted and resulted from conduct that the court will not assist, therefore he is not entitled to variation of the maintenance order.

Citation
[2000] SGHC 138
Parties
Petitioner (wife): Peh Chui Choo; Respondent (husband): Kuah Peng Ah
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
12 July 2000
Case Number
Div P 3160/1995
Procedural Posture
Maintenance Variation (family Law) / Application for Downward Variation in High Court (after Divorce and Subordinate Court Maintenance Order)
Outcome
Application dismissed
Legal Topics
Maintenance, Variation of Maintenance, Fraudulent Conveyance, Asset Transfers, Enforcement of Maintenance Orders
Source Language
English
Family Law Equity Property Civil Procedure Maintenance Variation of Maintenance Fraudulent Conveyance Asset Transfers +1 more

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Parties

Peh Chui Choo

Petitioner (wife)

Kuah Peng Ah

Respondent (husband)

Procedural Posture

Maintenance Variation (family Law) / Application for Downward Variation in High Court (after Divorce and Subordinate Court Maintenance Order)

Legal Issues

  1. 1 Whether the maintenance order should be reduced given the respondent's asserted diminished means
  2. 2 Whether the respondent divested assets to place them beyond reach of enforcement and whether those transfers can be set aside
  3. 3 Whether the court should grant variation where the change in circumstances is self-created by the respondent

Ratio Decidendi

The application to reduce maintenance was dismissed because the respondent had deliberately divested and concealed assets to place them beyond the reach of enforcement; the alleged change in financial circumstances was self‑inflicted and resulted from conduct that the court will not assist, therefore he is not entitled to variation of the maintenance order.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs