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304
Singapore Academy of Law Journal (2003)
District Court. There are two conflicting High Court cases on whether
the applicant must satisfy the requirement that there is an “important
question of law or fact” to be decided before his case can be transferred
to the District Court, or whether he need do so only if if the amount
claimed in his case is below the current jurisdiction of a District Court.
(See the High Court judgments in Tan Kok Ing v Tan Swee Meng &
Others, Rightrac Trading v Ong Soon Heng & Lim Kim Choon and Seow
Hock Ann and Chiltern Park Development Pte Ltd v Ong Pang Wee &
Ors 136 )
230 The relevant procedural rule for the transfer of Magistrate’s
Court matters to the Family Court would be Order 89 Rule 4 (Transfer of
proceedings within the Subordinate Courts) of the Rules of Court. 137
After the Magistrate’s Court matter is transferred to the Family Court, it
may be ordered to be consolidated with, tried at the same time as, tried in
immediate succession with, the ancillary matters, or an order for stay
may be made under Order 4 Rule 1 of the Rules of Court.
7 Conclusion
231 When the 3 rd party issue rears its head, should the husband or
wife in the divorce proceedings force the 3 rd party to join the ancillary
matters proceedings as a party Should they even notify him about the
proceedings, or should they allow him to live in blissful ignorance
232 Should the 3 rd party ‘start his own fight, join in the fray, speak
from the sidelines’, or try to live ‘in blissful ignorance’ When the
deputy registrar at the ancillary pre-trial conference or the judge hearing
the ancillary matters realises that there is a 3 rd party issue, should she
order the 3 rd party to be notified of the proceedings, or acquiesce in the
136
137
A Magistrate’s Court may, either of its own motion or on the application of a party
to an action, transfer the action to a District Court on the ground that some
important question of law or fact is likely to arise.
[2003] 1 SLR 657; [2003] SGHC 236; and [2002] 4 SLR 79, at para 38,
respectively.
Order 89 Rule 4 states:
(1) Where a Subordinate Court is satisfied that any proceedings in that Court ought
to be tried in some other Subordinate Court, it may order the proceedings to be
transferred to the other Court.
(2) Any order under paragraph (1) may be made by the Court on its own motion or
on the application by summons of any party to the proceedings.
(3) Where an order under paragraph (1) is made by the Court on its own motion,
the Registrar must give notice of the transfer to every party to the proceedings.