WXO v WXP: Extension of Time to File Record of Appeal in Child Maintenance Case

In the Family Division of the High Court of Singapore, Choo Han Teck J dismissed an application by WXO against WXP for an extension of time to file her Record of Appeal in HCF/DCA 40/2024, an appeal against the District Judge's orders on child maintenance. The court found the intended appeal lacked merit and would result in a pyrrhic victory for the applicant. The court made no order as to costs.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Application dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application by WXO for extension of time to file Record of Appeal in child maintenance case against WXP. Application dismissed due to lack of merit and potential pyrrhic victory.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WXOApplicantIndividualApplication dismissedDismissed
WXO of Independent Practitioner
WXPRespondentIndividualApplication dismissedWon
WXP of Independent Practitioner

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
WXOIndependent Practitioner
WXPIndependent Practitioner

4. Facts

  1. The Applicant sought an extension of time to file her Record of Appeal against the District Judge's orders on child maintenance.
  2. The Applicant's appeal had lapsed due to her failure to file the Record of Appeal on time.
  3. The Applicant claimed she had filed the Record of Appeal and paid the filing fee, but it was not found in the High Court record.
  4. The District Judge ordered the Respondent to pay $400 a month from January 2024 onwards for child maintenance.
  5. The District Judge did not order the Respondent to pay $400 per month for the period of May to December 2023.
  6. The Applicant argued that the Respondent earns more than $2,500 a month.
  7. The Applicant argued that the daughter's reasonable expenses are more than $1,000.

5. Formal Citations

  1. WXO v WXP, , [2024] SGHCF 44
  2. HCF/District Court Appeal, 40 of 2024, HCF/DCA 40/2024
  3. Originating Summons (New Legislation), 9 of 2024, Originating Summons (New Legislation) No 9 of 2024

6. Timeline

DateEvent
Judgment reserved
Judgment issued

7. Legal Issues

  1. Extension of Time
    • Outcome: The court dismissed the application for an extension of time.
    • Category: Procedural
    • Sub-Issues:
      • Failure to file Record of Appeal on time
    • Related Cases:
      • [2020] SGCA 4
  2. Child Maintenance
    • Outcome: The court upheld the District Judge's order for child maintenance, with a slight disagreement on the assessment of past maintenance.
    • Category: Substantive

8. Remedies Sought

  1. Extension of time to file Record of Appeal
  2. Increased child maintenance payments

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Bin Hee Heng v Ho Siew Lian (acting as Executrix and Trustee in the Estate of Gillian Ho Siu Ngin)Singapore Court of AppealYes[2020] SGCA 4SingaporeCited for the principle that the court will dismiss an application for an extension of time if the intended appeal is clearly without merit.

13. Applicable Rules

Rule Name
Rules 827 and 828 of the Family Justice Rules 2014

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Extension of time
  • Record of Appeal
  • Child maintenance
  • Pyrrhic victory
  • Reasonable expenses

15.2 Keywords

  • Family Justice Courts
  • Singapore
  • Appeal
  • Child Maintenance
  • Extension of Time

17. Areas of Law

Area NameRelevance Score
Family Law95
Maintenance90
Maintenance (Child)90
Extension of Time70
Civil Practice60
Appellate Practice50

16. Subjects

  • Family Law
  • Civil Procedure
  • Appeals
  • Child Maintenance