WWG v WWH

[2024] SGHCF 26 High Court (Family Division) 30 July 2024 • HCF/RAS 5/2024 • 4 min read
1 cases cited

Catchwords

Practice Areas

Judges (1)

Counsel (4)

Parties (2)

Case Significance

WWG v WWH [2024] SGHCF 26 was a single judgment delivered on 30 July 2024 by Choo Han Teck J in the General Division of the High Court (Family Division), in Registrar's Appeal from the Family Justice Courts No 5 of 2024. The catchwords cover Family Law — Matrimonial assets and Injunctions — Interlocutory injunction. The appeal arose from an interlocutory application by the wife (the appellant, WWG) for an injunction restraining the husband (the respondent, WWH) from selling one of their properties, referred to as "Property A", a condominium held in the husband's sole name; that application had been dismissed by the District Judge below.

The judgment recorded that the parties married on 22 May 2011, that the wife filed for divorce on 20 December 2021 and obtained interim judgment on 1 February 2024, and that the ancillary matters had not yet been determined. The parties agreed Property A was a matrimonial asset. Counsel for the wife submitted that the husband planned to use the sale proceeds to pay off credit card debt arising from high-risk trading on a platform called PLUS500SG, and that the net proceeds of $354,309.50 would not be enough to clear his debt of $476,728.67. Choo Han Teck J observed that the wife's allegations about a gambling problem were not relevant to whether to grant the injunction; the relevant question was whether the sale would prejudice her and whether adequate matrimonial assets would remain to satisfy a likely division. The appellant was represented by Rajwin Singh Sandhu of Rajwin & Yong LLP, and the respondent by Poh Jun Zhe Malcus of Chun Ting Fai & Co.

Summary

The wife appealed against the dismissal of her interlocutory application for an injunction to restrain her husband from selling a condominium held in his sole name, which both parties agreed was a matrimonial asset, where the proceeds were said to be intended to pay off his trading-related credit card debt. Choo Han Teck J held that the wife bore the burden of showing that the remaining matrimonial assets could not satisfy the division proportion she would likely receive, and she had provided no evidence of the value of the matrimonial pool. The court found that, even on the wife's own case that she would receive 70 to 80 percent of the assets, adequate assets would remain to satisfy her share, and dismissed the appeal.

What did the court decide about the injunction in WWG v WWH [2024] SGHCF 26?

In [2024] SGHCF 26, Choo Han Teck J heard the wife's appeal seeking to restrain the husband from selling "Property A", an agreed matrimonial asset in his sole name. The court held the relevant question was whether the sale would prejudice the wife and leave inadequate matrimonial assets for division.

What were the debt figures in WWG v WWH [2024] SGHCF 26?

According to [2024] SGHCF 26, the wife submitted that the husband's net sale proceeds of $354,309.50 would not clear his credit card debt of $476,728.67, which arose from high-risk trading on a platform called PLUS500SG. The parties had married on 22 May 2011.

Cases Cited (1)

SG (1)
[2011] SGHC 91

Referenced in

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHCF 26)