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272 Singapore Academy of Law Journal (2003) just one of the many issues between those two parties. Therefore, Order 15 Rule 13A(6) will not assist in resolving the issues of how to give notice of the ancillary matters proceedings to the 3 rd party, and whether he will be bound by any judgment given by the ancillary matters court if he does not join the proceedings as a party. 4.9 Summary 142 Table 1. provides a summary of the issues set out in Sections 4.3-4.6 above. Table 1. Status, Rights and Liabilities of 3 rd Party at the ancillary matters proceedings Party Non-Party without notice Non-Party with notice Whether 3 rd party can give evidence Yes. See Section 4.3.1 Yes. See Section 4.3.1 Yes. See Section 4.3.1 Whether findings can be made for or against the 3 rd party Yes. See Section 4.3.2 Yes. See Section 4.3.2 Yes. See Section 4.3.2 Whether orders can be made and enforced against the 3 rd party Yes. See Section 4.4.2 No. See Section 4.4.3 and 4.4.5 No. See Section 4.4.4 and 4.4.5 Whether orders in favour of the 3 rd party can be made Yes. See Section 4.4.6 Yes, but the 3 rd party does not have the locus standi to request for such orders. Only the parties to the action do. See Section 4.4.6 Yes, but the 3 rd party does not have the locus standi to request for such orders. Only the parties to the action do. See Section 4.4.6 Whether orders in favour of the 3 rd party can be enforced by the 3 rd party Yes. See Section 4.4.6 No. See Section 4.4.6 No. See Section 4.4.6 Whether 3 rd party has the right to appeal against an order made against him Yes. See Section 4.5.1 Leave is required for the 3 rd party to intervene in order to appeal against an order made against him, but it will be granted as a matter of course. See Section 4.5.2 Leave is required for the 3 rd party to intervene in order to appeal against an order made against him, but it will be granted quite readily. See Section 4.5.3
15 SAcLJ Matrimonial Assets and the 3 rd Party 273 Whether the 3 rd party will be estopped from commencing future litigation involving issues already dealt with by the ancillary matters court Yes. See Section 4.6.1 No. See Section 4.6.2 No. See Section 4.6.3 143 Thus, if the husband and wife are seeking orders against the 3 rd party, and/or anticipate future litigation (after the ancillary matters court has decided the matter) regarding the 3 rd party issue, then they should apply to join him as a party to the action. If they are not seeking such orders 102 and they do not anticipate such future litigation, then there is no necessity, from their point of view, to have the 3 rd party joined as a party, or even to give him notice of the proceedings. 144 The 3 rd party, on the other hand, would probably want to be given notice of the proceedings, in order that he may know and understand the case against him, and decide what further steps he may wish to take in the matter. He would only want to join the proceedings as a party, however, if he would like to: (a) ask for orders to be made in his favour and to be able to enforce them, and (b) have the 3 rd party issue conclusively dealt with by the Family Court, and to have the same rights to participate in such proceedings, and to appeal the decision made, as any other party. 4.10 Court’s role in ordering notice be given to 3 rd party/3 rd party be joined as a party to the ancillary matters proceedings 145 In a situation where the husband and wife do not wish to give the 3 rd party notice of the proceedings, or where the 3 rd party has been given notice of the proceedings, but neither he, the husband nor the wife has 102 The husband and wife may try to avoid seeking orders against the 3 rd party, whilst still requesting the court to deal with the 3 rd party issue, in the following ways: (a) Order the value of the asset in the 3 rd party’s name, or alleged by the 3 rd party to be owned by him beneficially, to be taken into account in the division of the matrimonial assets instead of seeking an order for the sale of that asset (See, for example, the cases of Lau Loon Seng and Lam Siew Lan, supra, discussed in Section 4.4.1(b) above). (b) Agree on the extent of the 3 rd party’s share in the asset, so that the court does not have to make a decision on the issue. (See Section 2.3.1 above, in this regard.)
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