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15 SAcLJ Matrimonial Assets and the 3 rd Party 261
this regard, see the case of Fairview Schools Bhd v Indrani a/p
Rajaratnam & Ors (No 1) 79 )
4.5.2 Of a non-party without notice
107 A non-party who was not given due notice of the proceedings
may apply to have the original order set aside, and to have a re-trial of
the matter. This is what happened in the case of Kalsi, supra, where it
was held that the 3 rd parties (the husband’s brothers) should have been
joined as parties to the wife’s application to, inter alia, restrict the said
brothers from exercising their rights of occupation in the matrimonial
home. The court hearing the application had made a restraining order
against the brothers. One of the brothers appealed from the order granted
as an intervener, pursuant to leave granted to him both to intervene and
to appeal out of time. The court allowed the appeal and ordered the
wife’s application to be remitted to the English High Court for rehearing,
thus giving the wife the opportunity properly to formulate the nature of
her claim for relief against the 3 rd parties, and to join them as defendants.
108 The non-party without notice can therefore apply to intervene in
order to appeal against the order made against him, and have the matter
remitted for a re-trial. Leave will be granted to him to do this as a matter
of course. In this regard, it should be noted that an application to be
joined as a party under Order 15 Rule 6 may be made after judgment if it
is intended to apply to set the same aside. 80
4.5.3 Of a non-party with notice
109 Will a non-party who was given due notice of the proceedings
but did not apply to join them as a party have the same right to appeal
110 The court in In re Securities Insurance Company 81 had stated, in
relation to a scheme of arrangement approved by the court, that a person
who, without being a party, was either bound by the order made by the
court or was aggrieved by it or was prejudicially affected by it, could not
appeal against it without leave. 82 The court went on to add, however, that
79
80
81
82
[1998] 1 MLJ 99
See paragraph 15/6/17 at page 199, Singapore Civil Procedure 2003.
[1894] 2 Ch D 410
In this case, a judge had made an order sanctioning a scheme of arrangement in a
voluntary winding-up of a company. An appeal was filed by persons whose interests
as creditors were affected by the scheme, but who had not opposed the scheme at the
meeting of creditors, nor appeared before the judge when his sanction was applied
for, nor obtained leave to appeal. The appeal was dismissed.