Yap Chai Ling v Hou Wa Yi: Recognition of Foreign Divorce Judgment & Res Judicata

Yap Chai Ling and Yap Swee Jit, executors of the estate of the deceased husband, appealed against Hou Wa Yi, seeking to nullify a decree nisi granted in a Singapore divorce proceeding. The Court of Appeal dismissed the appeal, finding that while the Shanghai divorce judgment should be recognized, the doctrine of extended res judicata barred the appellants from raising the issue, and that Section 99(2) of the Women's Charter did not apply after the husband's death.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Executors of husband's estate appeal to nullify a decree nisi based on a prior Shanghai divorce judgment. The court considers public policy, res judicata, and standing.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
YAP CHAI LINGAppellantIndividualAppeal DismissedLost
YAP SWEE JITAppellantIndividualAppeal DismissedLost
HOU WA YI (M.W.)RespondentIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJudge of AppealNo
Andrew Phang Boon LeongJudge of AppealYes
Quentin LohJudgeNo

4. Counsels

Counsel NameOrganization
Yoon Min JooHarry Elias Partnership LLP
Koh Tien HuaHarry Elias Partnership LLP
Dorothy Chai Li LiDorothy Chai Law Practice

4. Facts

  1. Husband and Respondent married in Shanghai in 1991 while Husband was still married to his previous wife.
  2. Husband obtained a decree absolute in Singapore dissolving his previous marriage in 1992.
  3. Husband and Respondent registered their marriage in Singapore in 1992.
  4. Husband commenced divorce proceedings in Shanghai in 2004, which were contested by the Respondent.
  5. Shanghai court granted the divorce in 2004, ruling the marriage valid from 1992.
  6. Respondent filed divorce petition in Singapore in 2005, citing Husband's unreasonable behavior and later, separation.
  7. Husband filed and withdrew applications to strike out the Singapore divorce petition based on the Shanghai divorce judgment.
  8. Husband died in 2011 while Respondent's appeal against ancillary orders was pending.

5. Formal Citations

  1. Yap Chai Ling and another v Hou Wa Yi, Civil Appeal No 172 of 2015, [2016] SGCA 39

6. Timeline

DateEvent
Husband and Respondent married in Shanghai
Husband charged with bigamy
Decree absolute granted dissolving Husband’s previous marriage
Husband and Respondent solemnized and registered their marriage in Singapore
Husband and Respondent began living in separate rooms
Husband commenced divorce petition in Singapore
Respondent left Singapore and returned to Shanghai
Shanghai first instance court granted the divorce
Husband commenced divorce proceedings in Shanghai
Respondent filed Divorce Petition No 2201 of 2005
Shanghai appellate court dismissed the appeal
Court granted the Decree Nisi
Chinese courts ordered a division of the Chinese assets only
Parties attended before a district judge for the hearing of the ancillary matters
Husband filed an originating summons in the High Court
Originating summons was withdrawn
Summons filed in D 2201 was withdrawn
Ancillary orders were varied to exclude the shophouse from the pool of matrimonial assets
Husband passed away
Appeal against the ancillary orders was adjourned indefinitely
Letters of probate were granted
Appellants applied for the Decree Nisi to be made absolute
Respondent commenced a suit in the district court against the Appellants
Appellants’ appeal was dismissed
Appellants filed the present application
District Court decision
High Court decision
Judgment reserved
Judgment

7. Legal Issues

  1. Recognition of Foreign Divorce Judgment
    • Outcome: The court held that the Shanghai divorce judgment should be recognized.
    • Category: Substantive
  2. Abuse of Process
    • Outcome: The court held that the Appellants were barred from raising the Shanghai divorce judgment due to the doctrine of extended res judicata.
    • Category: Procedural
    • Sub-Issues:
      • Extended res judicata
  3. Standing to Apply under Section 99(2) of the Women's Charter
    • Outcome: The court held that Section 99(2) of the Women's Charter did not apply after the death of the husband.
    • Category: Procedural

8. Remedies Sought

  1. Declaration that Decree Nisi be declared null and void
  2. Order that the Decree Nisi be rescinded and/or set aside
  3. Order that the ancillary orders be rescinded or set aside

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce Litigation
  • Family Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hou Wa Yi v Yap Kiat CheongDistrict CourtYes[2009] SGDC 464SingaporeCited to show that the Respondent has also appealed against the ancillary orders.
Hou Wa Yi v Yap Kiat Cheong (Yap Chai Ling and another, interveners)High CourtYes[2012] 2 SLR 995SingaporeCited as germane to Issue 3.
Sivakolunthu Kumarasamy v Shanmugam Nagaiah and anotherCourt of AppealYes[1987] SLR(R) 702SingaporeCited for the proposition that divorce proceedings do not abate upon the death of one of the parties to the marriage such that the court is deprived of jurisdiction over all subsequent matters in relation to the marriage.
Yap Chai Ling and another v Hou Wa YiHigh CourtYes[2016] 1 SLR 660SingaporeThe decision of the High Court being appealed.
Yap Chai Ling and another v Hou Wa YiDistrict CourtYes[2014] SGDC 299SingaporeThe decision of the District Court being appealed.
Ting Siew May v Boon Lay ChooCourt of AppealYes[2014] 3 SLR 609SingaporeCited for the observation that the concept of public policy is indeed an unruly horse and must therefore be applied wisely.
Noor Azizan bte Colony (alias Noor Azizan bte Mohamed Noor) v Tan Lip Chin (alias Izak Tan)High CourtYes[2006] 3 SLR(R) 707SingaporeCited for the proposition that there can only be one marriage relationship between the parties, even though husband and wife undergo two or more marriage ceremonies.
Ho Ah Chye v Hsinchieh Hsu IreneHigh CourtYes[1994] 1 SLR(R) 485SingaporeCited for the argument that recognition should be refused as enforcement would be manifestly contrary to public policy.
Burswood Nominees Ltd (formerly Burswood Nominees Pty Ltd) v Liao Eng KiatHigh CourtYes[2004] 2 SLR(R) 436SingaporeCited for the observation that the fact that if the present contract between the parties had been governed by Singapore law the contract could be invalid or void does not mean that it, being governed by Nevada law and valid under that law, may not be enforced in Singapore.
Liao Eng Kiat v Burswood Nominees LtdCourt of AppealYes[2004] 2 SLR(R) 690SingaporeCited in relation to Burswood Nominees Ltd (formerly Burswood Nominees Pty Ltd) v Liao Eng Kiat [2004] 2 SLR(R) 436.
The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd (nTan Corporate Advisory Pte Ltd and others, other parties) and another appealCourt of AppealYes[2015] 5 SLR 1104SingaporeCited for the explanation of the doctrine of extended res judicata.
Karaha Bodas Co LLC v Pertamina Energy Trading Ltd and another appealCourt of AppealYes[2006] 1 SLR(R) 112SingaporeCited to show that had the Appellants brought the present application for declaratory relief in their personal capacities without more, such an application would fail for lack of standing.
Richardson v MellishEnglish Court of Common PleasYesRichardson v Mellish (1824) 2 Bing 229; 130 ER 294England and WalesCited for the observation that public policy is a very unruly horse.
Enderby Town Football Club Ltd v Football Association LtdEnglish Court of AppealYesEnderby Town Football Club Ltd v Football Association Ltd [1971] Ch 591England and WalesCited for the observation that with a good man in the saddle, the unruly horse can be kept in control.
Tinline v White Cross Insurance Association, LimitedEnglish High CourtYesTinline v White Cross Insurance Association, Limited [1921] 3 KB 327England and WalesCited for the observation that if the law is not logical, public policy is even less logical.
Quinn v LeathemHouse of LordsYesQuinn v Leathem [1901] AC 495England and WalesCited for Lord Halsbury’s view that the law is not always logical.
Henderson v HendersonEnglish Court of ChanceryYesHenderson v Henderson (1843) 3 Hare 100; 67 ER 313England and WalesCited for setting out the doctrine of extended res judicata.
Johnson v Gore Wood & Co (a firm)House of LordsYesJohnson v Gore Wood & Co (a firm) [2002] 2 AC 1England and WalesCited for the question of whether a litigant should be estopped from taking a point that could have been raised in earlier proceedings between the same parties not as a dogmatic inquiry, but rather, as a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case.
Goh Nellie v Goh Lian Teck and othersHigh CourtYesGoh Nellie v Goh Lian Teck and others [2007] 1 SLR(R) 453SingaporeCited for the observation that a court should determine whether there is an abuse of process by looking at all the circumstances of the case.
W v WEnglish Probate DivisionYesW v W [1936] P 187England and WalesCited for the rationale behind s 99(2).
Asha Maudgil v Suresh Kumar GosainHigh CourtYes[1994] 2 SLR(R) 427SingaporeCited to explain that it is sufficient that a foreign decree is granted by a court of either party’s domicile.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Section 7 of the Women’s CharterSingapore
Section 99(2) of the Women’s CharterSingapore
Section 99(3) of the Women’s CharterSingapore
Section 47 of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Decree Nisi
  • Shanghai Divorce Judgment
  • Extended Res Judicata
  • Section 99(2) Women's Charter
  • Public Policy
  • Personal Representatives
  • Ancillary Orders
  • Domicile
  • Bigamous Marriage

15.2 Keywords

  • Divorce
  • Foreign Judgment
  • Res Judicata
  • Family Law
  • Singapore
  • Shanghai
  • Marriage

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law90
Conflict of Laws70
Res Judicata60
Matrimonial Assets50

16. Subjects

  • Family Law
  • Divorce
  • Conflict of Laws
  • Civil Procedure