PEMPETISYEN CHRISTIE YONG VUI LOONG TRACY LIEW TZE TIN PENCELAH TANG YIK LAN

PEMPETISYEN CHRISTIE YONG VUI LOONG TRACY LIEW TZE TIN PENCELAH TANG YIK LAN

On the balance of all evidence, including admitted surveillance recordings and witness testimony, the Court found that the husband committed adultery with the party cited and that the marriage had irretrievably broken down; the Court therefore dissolved the marriage, awarded sole guardianship and custody to the wife, granted the husband unsupervised fortnightly overnight access, ordered equal division or disposal of the matrimonial home (wife given option to buy over), ordered specified child and spousal maintenance, required payment of maintenance arrears, and awarded damages RM150,000 and costs RM10,000 against the party cited for adultery; the Court exercised its discretion under...

Citation
BA-33-612-09/2018 (Mahkamah Tinggi)
Parties
Petitioner Husband: Christie Yong Vui Loong; Respondent Wife: Tracy Liew Tze Tin; Party Cited: Tang Yik Lan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 May 2022
Case Number
BA-33-612-09/2018 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (cross Petition) / Post Trial Judgment (decree Nisi Made Absolute Immediately)
Outcome
Divorce granted (decree nisi made absolute immediately); findings of adultery against husband and party cited; cross-claims partially allowed and partially dismissed as per detailed orders
Legal Topics
Divorce, Adultery, Damages Against Third Party, Division of Matrimonial Assets Under S.76 LRA, Child Custody and Access, Admission of Electronic/surveillance Evidence, Maintenance and Arrears
Source Language
Malay/English
Family Law Matrimonial Property Child Custody and Maintenance Evidence Law Civil Remedies (damages) Divorce Adultery Damages Against Third Party +4 more

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Parties

Christie Yong Vui Loong

Petitioner Husband

Tracy Liew Tze Tin

Respondent Wife

Tang Yik Lan

Party Cited

Procedural Posture

Divorce Petition (cross Petition) / Post Trial Judgment (decree Nisi Made Absolute Immediately)

Legal Issues

  1. 1 Whether adultery by the husband with the party cited was proven and caused the breakdown of the marriage
  2. 2 Whether the marriage had irretrievably broken down such that decree of divorce should be granted
  3. 3 Whether surveillance videos and electronic evidence were admissible and what probative weight to attach

Ratio Decidendi

On the balance of all evidence, including admitted surveillance recordings and witness testimony, the Court found that the husband committed adultery with the party cited and that the marriage had irretrievably broken down; the Court therefore dissolved the marriage, awarded sole guardianship and custody to the wife, granted the husband unsupervised fortnightly overnight access, ordered equal division or disposal of the matrimonial home (wife given option to buy over), ordered specified child and spousal maintenance, required payment of maintenance arrears, and awarded damages RM150,000 and costs RM10,000 against the party cited for adultery; the Court exercised its discretion under...

Court Disposition

Divorce granted (decree nisi made absolute immediately); findings of adultery against husband and party cited; cross-claims partially allowed and partially dismissed as per detailed orders

Orders

  • Decree nisi made absolute immediately and marriage dissolved under s.54 LRA
  • Party Cited (Tang Yik Lan) ordered to pay Respondent Wife damages of RM150,000 under s.58 LRA; costs RM10,000 to be paid by Party Cited within 14 days