View Article - Singapore Academy of Law
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View Article - Singapore Academy of Law
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15 SAcLJ Matrimonial Assets and the 3 rd Party 275<br />
150 If the 3 rd party issue concerns an asset <strong>of</strong> considerable value, for<br />
example, then it would be more important for the 3 rd party to be notified<br />
<strong>of</strong> the proceedings and/or joined as a party to the same.<br />
(b)<br />
(c)<br />
Avoiding the delay, inconvenience and expense <strong>of</strong> a separate<br />
trial on the 3 rd party issue, by having all matters finally dealt with<br />
in the same forum at the same time, thus saving the court’s as<br />
well as the parties’ resources<br />
Avoiding the danger <strong>of</strong> conflicting decisions which would be<br />
present if there was a separate trial on the 3 rd party issue<br />
151 In respect <strong>of</strong> factors (b) and (c) above, the court should consider<br />
the likelihood <strong>of</strong> future litigation regarding the 3 rd party issue taking<br />
place in the ordinary civil court. The greater the likelihood, the stronger<br />
the reason for notifying the 3 rd party <strong>of</strong> the proceedings and joining him<br />
as a party to the same. In deciding the likelihood <strong>of</strong> future litigation, the<br />
value <strong>of</strong> any asset concerned and whether the husband, wife, and 3 rd<br />
party are high-pr<strong>of</strong>ile/exceptionally litigious parties are relevant factors.<br />
Factor against giving the 3 rd<br />
proceedings<br />
party due notice <strong>of</strong> the<br />
(d) the floodgates to 3 rd parties argument (see Section 4.3.2<br />
above)—i.e. an increase in time, expense and acrimony <strong>of</strong><br />
involving 3 rd parties in the proceedings<br />
152 The lesser the value <strong>of</strong> any asset concerned, the stronger this<br />
factor would be.<br />
Neutral factor<br />
(e)<br />
the 3 rd party will not be bound by any order made against him,<br />
nor prevented from litigating the issues in future if he is not duly<br />
notified <strong>of</strong> and/or not made a party to the proceedings (see<br />
Sections 4.4 and 4.6 above)<br />
Guiding principle in respect <strong>of</strong> giving notice<br />
153 It is submitted that where the factors for and against giving<br />
notice to the 3 rd party are evenly balanced, the court should generally<br />
order that notice <strong>of</strong> the proceedings be given to the 3 rd party.