AQV v AQW: Wife's Application to Set Aside Ancillary Orders Based on Alleged Judicial Bias

In AQV v AQW, the High Court of Singapore heard an originating summons filed by the wife, AQV, seeking a declaration that Justice Lai Siu Chiu was biased when making ancillary orders on 10 March 2010. The wife sought to set aside those orders. The husband, AQW, was the respondent. Choo Han Teck J dismissed the originating summons, finding no proof of bias and noting that the Court of Appeal had already dismissed the wife's appeal against Justice Lai's orders.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Originating Summons dismissed with costs.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Wife's application to set aside ancillary orders due to alleged bias by Justice Lai was dismissed. The court found no evidence of bias and noted the appeal was already dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AQWDefendantIndividualJudgment for DefendantWon
AQVPlaintiffCorporationClaim DismissedDismissed

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Kang Kim YangJoseph Tan Jude Benny LLP
M RaviLF Violet Netto

4. Facts

  1. The plaintiff alleged Justice Lai was biased due to remarks made during proceedings.
  2. Justice Lai asked if the wife was attractive.
  3. Justice Lai knew the husband from a previous divorce.
  4. Justice Lai mentioned knowing Graham Bell, a business partner of the husband.
  5. The wife's appeal against the ancillary orders was previously dismissed by the Court of Appeal.
  6. The wife made two false magistrates complaints against the husband.
  7. The wife lodged a complaint against Mr. Kang to the Law Society for improper conduct.

5. Formal Citations

  1. AQV v AQW, Originating Summons No 1281 of 2010, [2011] SGHC 142

6. Timeline

DateEvent
Parties married
Decree nisi granted
Justice Lai made ancillary orders
Wife’s appeal dismissed by the Court of Appeal
Decree nisi made absolute
Originating Summons filed
Judgment reserved

7. Legal Issues

  1. Judicial Bias
    • Outcome: The court found no evidence of bias.
    • Category: Procedural
    • Sub-Issues:
      • Irrelevant remarks
      • Prior acquaintance with parties

8. Remedies Sought

  1. Declaration that Justice Lai was biased
  2. Orders be set aside

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Divorce Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Judicial bias
  • Ancillary orders
  • Natural justice
  • Originating summons

15.2 Keywords

  • Judicial bias
  • Family law
  • Divorce
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Family Law90
Matrimonial Assets85
Maintenance80
Natural justice70
Duty of Candour60
Costs40

16. Subjects

  • Family Law
  • Judicial Review