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15 SAcLJ Matrimonial Assets and the 3 rd Party 295
“..the scope of the High Court’s power to transfer proceedings
from a lower court to itself cannot be determined by looking
only at the SCJA. In fact it would be wrong to do so as s 18(3)
provides that the powers ‘shall be exercised’ in accordance with
written law. Parliament had therefore intended the High Court to
have regard to other applicable written laws before exercising
the power to transfer proceedings to itself and to act in a manner
that was ‘in accordance with’ or consistent with those provisions
in so doing. In this case, the applicable written law is the SCA
and the High Court can only exercise its powers of transfer of
proceedings as provided for in this Act.” (per Judith Prakash J, ,
at paragraph 14)
6.4.2.2 Civil Suit filed in High Court to be heard by Family
Court—Transfer down from High Court
207 An example of a case where this was done is Chia Kin Tuck v
Leong Choon Kum and Anor (Suit 1665 of 1999). On 7 May 1998, the
wife had commenced divorce proceedings against the husband in
Divorce Petition No. 1621 of 1998. A decree nisi was granted on 7
January 2000, and the ancillary matters were adjourned to be heard in
chambers. The husband then filed a suit (i.e. Suit 1665 of 1999) in the
High Court on 24 November 1999 against the wife and a 3 rd party for the
return of a sum of $1 million which he alleged had been given to the
wife to be deposited into two bank accounts for the purpose of meeting
his sons’ educational expenses, and which had been wrongfully
transferred to the account of the 3 rd party. The husband had applied to
stay the ancillary matters proceedings until the High Court suit was
disposed of. This application was granted by the Family Court. On
appeal by the wife, the High Court ordered the High Court suit to be
transferred to the Family Court, to be heard by the same judge dealing
with the ancillary matters 127 .
208 The provision governing the transfer of suits from the High
Court to the Family Court is Section 37 SCA (“Section 37”):
General power to transfer from High Court to District Court
37. —(1) In any action commenced by way of writ of summons
in the High Court in the exercise of its original civil jurisdiction,
127 Order made on 23 October 2000. No judgment was written. A new suit number was
given for the transferred suit—DC(T) 600872 of 2000