PEMPETISYEN Lim Hor Fah Ng Bon Seng

PEMPETISYEN Lim Hor Fah Ng Bon Seng

Respondent failed to prove involvement or contribution to La Vin Mart; Petitioner established she and daughter ran La Vin Mart after Respondent voluntarily ceased Pasaraya La Vin; goodwill from Pasaraya La Vin entitles Respondent to a limited share (25%) of La Vin Mart; applying s.76 and assessed contributions, Ayer Hitam divided equally (50:50), Jalan Timah and GM-17B apportioned 25% to Respondent, G-6 is not a matrimonial asset and Respondent has no claim; decree nisi made absolute and specified orders for valuation, sale or buy-out and rental distributions follow.

Citation
WA-33-709-12/2017 (Mahkamah Tinggi)
Parties
Petitioner (wife): LIM HOR FAH; Respondent (husband): NG BON SENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 March 2023
Case Number
WA-33-709-12/2017 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (division of Matrimonial Assets) / Judgment (decree Nisi Made Absolute)
Outcome
Petition and Cross-Petition granted in part; decree nisi made absolute immediately; property division and payments ordered as set out
Legal Topics
Division of Matrimonial Assets Under S.76, Goodwill and Business Valuation, Adverse Inference and Burden of Proof (evidence Act), Credibility and Judicial Appreciation of Oral Evidence
Source Language
Malay/English
Family Law Property Law Evidence Law Division of Matrimonial Assets Under S.76 Goodwill and Business Valuation Adverse Inference and Burden of Proof (evidence Act) Credibility and Judicial Appreciation of Oral Evidence

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Parties

LIM HOR FAH

Petitioner (wife)

NG BON SENG

Respondent (husband)

Procedural Posture

Divorce Petition (division of Matrimonial Assets) / Judgment (decree Nisi Made Absolute)

Legal Issues

  1. 1 Whether Respondent has entitlement to La Vin Mart and extent of share
  2. 2 How to divide specific properties (Ayer Hitam, Jalan Kenanga, Jalan Timah, GM-17B, G-6) under s.76 LRA
  3. 3 Whether adverse inference should be drawn for non-production of witnesses under s.114 Evidence Act

Ratio Decidendi

Respondent failed to prove involvement or contribution to La Vin Mart; Petitioner established she and daughter ran La Vin Mart after Respondent voluntarily ceased Pasaraya La Vin; goodwill from Pasaraya La Vin entitles Respondent to a limited share (25%) of La Vin Mart; applying s.76 and assessed contributions, Ayer Hitam divided equally (50:50), Jalan Timah and GM-17B apportioned 25% to Respondent, G-6 is not a matrimonial asset and Respondent has no claim; decree nisi made absolute and specified orders for valuation, sale or buy-out and rental distributions follow.

Court Disposition

Petition and Cross-Petition granted in part; decree nisi made absolute immediately; property division and payments ordered as set out

Orders

  • La Vin Mart to be valued; Petitioner to pay Respondent 25% of its value either by sale and division of proceeds or by purchasing Respondent's 25% share
  • Ayer Hitam Property to be valued; Petitioner to pay Respondent 50% of its value either by sale and division of proceeds or by purchasing Respondent's 50% share