View Article - Singapore Academy of Law

More documents

Recommendations

Info

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.
15 SAcLJ Matrimonial Assets and the 3 rd Party 279 cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter. (2) Subject to the provisions of this Rule, at any stage of the proceedings in any cause or matter, the Court may, on such terms as it thinks just and either of its own motion or on application — … (b) order any or the following persons to be added as a party, namely: (i) any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in the cause or matter may be effectually and completely determined and adjudicated upon; or (ii) any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter. (3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter. 167 Thus, a party may apply to join a 3 rd party to the proceedings by filing a summons-in-chambers together with a supporting affidavit. Alternatively, he may make an oral application to do so, or the court may do so of its own motion at the ancillary matters hearing or at an ancillary matters pre-trial conference. The 3 rd party’s name will then appear in the title to the action, as in the case of Perez-Adamson v Perez-Rivas (Barclays Bank plc, third party), supra (emphasis added). (See Order 15 Rule 8 (Provisions consequential on making of order under Rule 6 or 7) of the Rules of Court for details on the procedures to be followed once a person is ordered to be joined as a party under Order 15 Rule 6.)
Page 1 and 2:
15 SAcLJ Matrimonial Assets and the
Page 3 and 4:
Page 5 and 6:
Page 7 and 8:
Page 9 and 10: 15 SAcLJ Matrimonial Assets and the
Page 59: 15 SAcLJ Matrimonial Assets and the
Page 87: 15 SAcLJ Matrimonial Assets and the
show all

View Article - Singapore Academy of Law

Create successful ePaper yourself

Delete template?

Save as template?