XPX v XPW

[2026] SGFC 52 Family Court 8 April 2026 • SSP442/2025 • 21 min read
22 cases cited

Catchwords

Practice Areas

Judges (1)

Counsel (6)

Parties (2)

Case Significance

XPX v XPW [2026] SGFC 52, decided on 8 April 2026 by District Judge Kow Keng Siong in the Family Court, addressed the costs consequences of legal aid in family proceedings. The Mother (XPX) had successfully obtained protective orders on behalf of the Daughter against the Father (XPW) in SSP 442/2025. She then sought costs, but the Father held a Grant of Aid from the Legal Aid Bureau, engaging s 12(4)(c) of the Legal Aid and Advice Act 1995, which ordinarily shields an aided person from costs. The judgment examines when the s 14(3) exceptions apply — namely, where the Grant of Aid was obtained by fraud or misrepresentation, or where the aided person acted improperly — and also considers whether an aided person is protected from costs incurred before the Grant of Aid was filed.

Summary

Following a successful six-day trial in which the Mother obtained protective orders for her daughter against the Father (XPX v XPW [2026] SGFC 30), the Mother sought costs of $85,000 against the Father, who held a Legal Aid Bureau Grant of Aid under the Legal Aid and Advice Act 1995. The issues were whether the Father's grant had been obtained by fraud or misrepresentation, or whether he had acted improperly under s 14(3), so as to lose the costs immunity conferred by s 12(4)(c), and whether costs incurred before the Grant of Aid was filed remained recoverable. District Judge Kow Keng Siong found no fraud or improper conduct sufficient to displace s 12(4)(c) protection, but ordered the Father to pay $20,000 representing costs incurred before the Grant of Aid was filed, as that earlier period fell outside the statutory protection.

When can an aided person be ordered to pay costs despite a Legal Aid Bureau Grant of Aid in Singapore?

Under s 14(3) of the Legal Aid and Advice Act 1995, examined in XPX v XPW [2026] SGFC 52, an aided person may be ordered to pay costs where the Grant of Aid was obtained by fraud or misrepresentation, or the aided person acted improperly in the proceedings.

Statutes Cited

Legal Aid and Advice Act
s 8

Cases Cited (22)

SG (7)
[2008] SGDC 363 [2009] SGDC 400 [2019] SGFC 36 [2021] SGFC 3 [2022] SGHC 294 [2025] SGFC 4 [2026] SGFC 30
SLR (15)
[2001] 2 SLR(R) 435 [2006] 3 SLR(R) 99 [2006] 4 SLR(R) 521 [2008] 3 SLR(R) 1137 [2011] 3 SLR 869 [2013] 1 SLR 924 [2013] 3 SLR 801 [2013] 4 SLR 308 [2014] 3 SLR 1141 [2014] 4 SLR 375 [2014] 4 SLR 773 [2015] 5 SLR 153 [2017] 3 SLR 386 [2018] 3 SLR 177 [2022] 5 SLR 675

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2026] SGFC 52)