WONG JUAN YONG v WONG WEI TING
Catchwords
Family Law — Divorce — Ancillary relief — Discovery of financial documents — Application by wife for discovery of husband’s bank statements, investment records, EPF statements and housing loan statements — Whether documents relevant and necessary for determination of child maintenance, spousal maintenance and division of matrimonial assets — Sections 76 and 77 Law Reform (Marriage and Divorce) Act 1976 — Order 24 rr 3, 7, 7A and 8 Rules of Court 2012 Practice and Procedure — Discovery — Matrimonial proceedings — Scope of discovery in ancillary relief proceedings — Whether bank statements and financial records necessary for fair disposal of proceedings — Whether discovery application constituted fishing expedition — Whether production of salary slips, income tax statements and EPF statements sufficient to defeat application for further discovery — Order 24 r 8 Rules of Court 2012 Practice and Procedure — Discovery — Necessity test — Whether discovery necessary for fair disposal of proceedings or saving of costs — Meaning of “necessary” under Order 24 r 8 Rules of Court 2012 — Distinction between relevance and necessity — Whether discovery may be moulded according to nature of proceedings Practice and Procedure — Discovery — Fishing expedition — Whether application sufficiently particularised — Whether specific bank accounts and loan accounts identified with sufficient precision — Whether application amounted to speculative trawling for evidence Family Law — Matrimonial proceedings — Duty of full and frank financial disclosure — Whether parties in ancillary relief proceedings under continuing obligation to disclose financial means and resources — Relevance of bank statements in assessing means and standard of living Evidence — Burden of proof — Discovery — Whether order for discovery impermissibly shifted burden of proof under s 101 Evidence Act 1950 — Distinction between procedural disclosure obligations and substantive burden of proof Family Law — Matrimonial assets — Matrimonial home — Discovery of housing loan statements — Whether loan balance and repayment obligations relevant to assessment of net matrimonial asset and fairness of proposed transfer arrangements Practice and Procedure — Discovery — Possession, custody or power — Whether no order should be made for documents no longer within possession, custody or power of party against whom discovery sought
Practice Areas
Judges (1)
Parties (2)
Judgment
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