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278
Singapore Academy of Law Journal (2003)
5 Procedure
5.1 Notice
162 What would constitute due notice of the ancillary matters
proceedings to the 3 rd party
163 It is submitted that the ancillary matters affidavits filed in court
which contain the husband’s and wife’s respective claims and positions
on the 3 rd party issue should be personally served on the 3 rd party,
together with a covering letter giving a brief summary of the claims
being made against the 3 rd party. In the case of Kalsi, supra, for example,
the court noted that the only indication of the wife’s case was contained
in a paragraph in the supporting affidavit to her application, which
should have been served on the non-parties.
164 If the ancillary matters affidavits have not been drafted yet, then
a letter setting out the husband’s and wife’s respective claims and
positions on the 3 rd party issue should be personally served on the 3 rd
party. This was done in the case of Aik Ming (M) Sdn Bhd & Ors v
Chang Chin Chuen & Ors and another appeal 105 , where the plaintiffs’
solicitors wrote to the intervener’s solicitors giving them notice of an
injunction taken out by the plaintiffs on the sale of certain lands to the
intervener and alleging that it was not a bona fide purchaser of the same.
165 The covering letters in both the above situations should notify
the 3 rd party of the date of the next ancillary matters pre-trial conference
in the case, so that the 3 rd party may attend to inform the court of his
intentions in respect of the case—i.e. whether he will be joining the
proceedings as a party, starting a separate civil suit, and so on.
5.2 Joinder
166 The Women’s Charter (Matrimonial Proceedings) Rules 2003 do
not contain any provisions governing the joinder of 3 rd parties. The
relevant rule in the Rules of Court to govern the joinder of a 3 rd party is
Order 15 Rule 6:
Misjoinder and nonjoinder of parties (O. 15, r. 6)
6. —(1) No cause or matter shall be defeated by reason of the
misjoinder or nonjoinder of any party; and the Court may in any
105
[1995] 2 MLJ 770; related to the case of Chang Chin Chuen, supra, discussed at
Section 4.4.1(b) above.