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03-Feb-2020 14:46

obtained in an uncontested divorce petition should be set aside (with the consequential setting aside of orders on ancillary matters) on the application of the late husband’s personal representatives based on facts (particularly facts about a prior foreign divorce judgment) which were known to the parties to the marriage but not raised by them at the time of the divorce hearing.

2 The appellants, Yap Chai Ling and Yap Swee Jit ("the appellants”), are the personal representatives of the late Yap Kiat Cheong ("the Husband”).

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For convenience, I will refer to the Husband and the Wife collectively as "the Parties”.

3 On , the Wife filed Divorce Petition No 2201 of 2005/B ("D 2201/2005”) in the District Court, seeking a dissolution of the Parties’ marriage. Three years later, several orders were made in respect of the ancillary matters ("the Ancillary Orders”). Before her appeal could be dealt with in the High Court, the Husband passed away on 8 February 2011. On 21 August 2015, the Court of Appeal granted leave for the appellants to appeal against the decision.

4 On 22 July 2013, the appellants filed Originating Summons (Family) No 330 of 2013 ("the application below” or "OSF 330/2013”), seeking, [2014] SGDC 299 ("the GD”). The appellants filed the appeal on 3 September 2015. Background Facts 6 I begin with the rather convoluted history of the case.

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On 21 August 1991, the Husband, a Singapore citizen, and the Wife, a Chinese national, registered their marriage in Shanghai ("the Shanghai marriage”) after which they moved to Singapore.



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