APK v APL: Extension of Time to Appeal Ancillary Orders in Divorce Proceedings

In the High Court of Singapore, Kan Ting Chiu J dismissed APK's (the Defendant/Husband) application for an extension of time to file a Notice of Appeal against ancillary orders made on 12 August 2009 in divorce proceedings brought by APL (the Plaintiff/Wife). The ancillary orders concerned the custody, care, and control of the children and the division of matrimonial property. The court cited substantial delay, weak chances of success, and prejudice to the Plaintiff as reasons for the dismissal.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application for extension of time to appeal ancillary orders in divorce proceedings. The High Court dismissed the application due to substantial delay and weak chances of success.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
APKDefendant, ApplicantIndividualApplication dismissedLost
APLPlaintiff, RespondentIndividualApplication dismissedWon
Yeo Khee Chye Raymond of Raymond Yeo

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Peter EzekielPeter Ezekiel & Co
Yeo Khee Chye RaymondRaymond Yeo

4. Facts

  1. The Defendant sought an extension of time to appeal ancillary orders made on 12 August 2009.
  2. The Defendant claimed he was unaware of the ancillary orders until 6 November 2009.
  3. The Defendant's former solicitors ceased to act for him due to lack of instructions.
  4. The Plaintiff had already enforced the order on the transfer of the property.
  5. The Defendant's application was filed more than two months after the time for appealing had lapsed.
  6. The Defendant did not present evidence at the hearing on the division of matrimonial assets.

5. Formal Citations

    6. Timeline

    DateEvent
    Divorce proceedings commenced
    Chong & Poh informed Plaintiff's solicitors of Defendant's agreement to divorce terms
    Interim judgment entered
    Plaintiff’s Affidavit of Assets and Means served on Defendant’s solicitors
    Orders on ancillary matters made
    Plaintiff’s solicitors sent a copy of the ancillary orders to the Defendant
    Final judgment entered
    Property transferred to Plaintiff's sole name
    Defendant informed the Registrar of the Supreme Court that he did not agree with the ancillary orders
    Registrar replied to Defendant
    Defendant applied for extension of time to appeal against the ancillary orders
    Application dismissed

    7. Legal Issues

    1. Extension of Time to Appeal
      • Outcome: The court dismissed the application for extension of time.
      • Category: Procedural
      • Related Cases:
        • [2004] 2 SLR(R) 505
    2. Admissibility of New Evidence on Appeal
      • Outcome: The court found that the new evidence was very unlikely to be admissible.
      • Category: Procedural
      • Related Cases:
        • [1954] 1 WLR 1489

    8. Remedies Sought

    1. Extension of time to file a Notice of Appeal

    9. Cause of Actions

    • No cause of actions

    10. Practice Areas

    • Family Litigation
    • Divorce
    • Appeals

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    AD v AECourt of AppealYes[2004] 2 SLR(R) 505SingaporeCited for the principles applicable to applications for extension of time in appeals, specifically the four factors to be considered.
    Ladd v MarshallN/AYes[1954] 1 WLR 1489N/ACited for the test to admit new evidence in appeals to the Court of Appeal.

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Rules of Court (Cap 322, R5, 2006 Rev Ed)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Ancillary orders
    • Extension of time
    • Notice of appeal
    • Matrimonial property
    • Custody
    • Care and control

    15.2 Keywords

    • Divorce
    • Ancillary Matters
    • Appeal
    • Extension of Time
    • Singapore
    • Family Law

    17. Areas of Law

    Area NameRelevance Score
    Divorce90
    Matrimonial Assets85
    Division of Assets80
    Child Custody70
    Maintenance60
    Child Support60
    Appeal50

    16. Subjects

    • Family Law
    • Civil Procedure
    • Appeals