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270
Singapore Academy of Law Journal (2003)
order is directed will often be the party whom the 3 rd party is aligned to.
(In Ng Kim Seng, supra, for example, the wife was ordered to repay her
own father the loan that he gave the husband and wife to purchase the
matrimonial home.) In the light of the relationship between the 3 rd party
and the original party the 3 rd party is aligned to, it is unlikely that the 3 rd
party would take legal steps to enforce the order, and that there would be
any future litigation in this regard.
136 Alternatively, the order may be drafted in such a manner that in
practice the husband and/or wife will have no choice but to comply with
it. For example, in the case of Lee Sew-Iam Richard, supra, the
matrimonial home was ordered to be sold, and the net proceeds divided
between the parties only after the husband’s mother’s loan was repaid to
her. The solicitors handling the conveyance of a property subject to this
type of order would ensure that the 3 rd party would be repaid on the day
of completion of the sale of the property.
137 If there are findings made by the ancillary matters court in
favour of or against the 3 rd party, but no orders are made for or against
the 3 rd party, then the 3 rd party is not practically affected by the ancillary
matters proceedings. It is the husband and/or the wife who would appeal
against any orders directed against him/her, and not the 3 rd party. In the
light of the relationship between the 3 rd party and the original party the
3 rd party is aligned to, as well as considerations of time and expense, it is
submitted that future litigation over issues which have already been dealt
with by the ancillary matters court is, in practice, unlikely.
138 In addition, there is the consideration for the original parties and
the 3 rd party that, even though they are not bound by issue estoppel
regarding the 3 rd party issues, the chances of the ordinary civil court
making findings which are different from the court hearing the ancillary
matters proceedings may not be high, particularly if the 3 rd party has
given evidence in the ancillary matters proceedings.
4.8 Order 15 Rule 13A
139 Order 15 Rule 13A states:
“(1) At any stage in an action to which this Rule applies, the
Court may, on the application of any party or of its own motion,
direct that notice of the action be served on any person who is
not a party thereto but who will or may be affected by any
judgment given therein.