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The Court of Appeal held that enforcement of a foreign arbitral award was commenced in time, laches could not shorten the statutory period, and notice was adequate.
The Husband failed to prove any actionable misrepresentation: allegations were insufficiently particularised, lacked contemporaneous or witness evidence, and were inconsistent with his own solicitors’ correspondence and conduct (including attempts to renegotiate and extensive delay). Section 118 applies but the elements of fraudulent misrepresentation were not satisfied on the requisite cogent balance of probabilities. Accordingly OADV 709 (rescission) is dismissed and the Maintenance Order stands; enforcement under s71 succeeds and arrears of S$68,000 are ordered payable in instalments with…
Source excerpt
The District Court dismissed a committal application, finding no contempt proved beyond reasonable doubt where the director attended the first EER, had solicitors, and had a medical appointment.
The Family Court dismissed a father’s bid to reduce child maintenance and allowed the mother’s enforcement claim, ordering arrears paid by instalments after finding non-disclosure and no material change.
The High Court allowed a judgment creditor to join ordinary civil proceedings as an intervener, holding that non-parties may be permitted to participate under the court’s general powers.
The Family Court enforced child-maintenance arrears, rejected the father’s inability-to-pay arguments, and set a repayment schedule on top of ongoing maintenance.
The court found deliberate contempt for breaching disclosure and Mareva orders, sentencing Mr Phua to four months’ imprisonment and Triple D to a S$60,000 fine.
The Appellate Division struck out an appeal over a conditional stay of enforcement, holding that permission to appeal was required and had not been obtained.
The High Court upheld electronic service of a second EJD order, found sufficient disclosure for a further EJD application, dismissed the setting-aside motion, and ordered costs against the examinee.
The Court of Appeal held that the appellant had actual and deemed notice of the arbitration, could not pursue an infra petita challenge after non-participation, and dismissed the appeal.
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