Ching Suet Yeen Lee Hock Teong

Ching Suet Yeen Lee Hock Teong

The decree nisi having been made absolute and the appellant having had and withdrawn her appellate remedy, the Court of Appeal held the decree is final and cannot be rescinded by invoking Rule 44 DMPR 1980 or s.61(2)(b) LRA absent illegality, fraud, misrepresentation or lack of jurisdiction; the injunction claim...

Source-derived case information.

Citation
B-02(IM)-721-04/2021 (Mahkamah Rayuan)
Parties
Appellant: Ching Suet Yeen; Respondent: Lee Hock Teong
Court
IM
Jurisdiction
Malaysia
Judgment Date
21 August 2023
Case Number
B-02(IM)-721-04/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (family/divorce) / Court of Appeal Decision (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Divorce, Decree Nisi, Rescission/set Aside, Injunction Under S.103 LRA, Finality of Judgment, Appeal Procedure, Legal Representation/authority
Family Law Civil Procedure Divorce Decree Nisi Rescission/set Aside Injunction Under S.103 LRA Finality of Judgment Appeal Procedure +1 more

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Parties

Ching Suet Yeen

Appellant

Lee Hock Teong

Respondent

Procedural Posture

Civil Appeal (family/divorce) / Court of Appeal Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether a decree nisi made absolute can be rescinded or set aside
  2. 2 Whether Rule 44 DMPR 1980 permits reopening a final order after appeal withdrawn/struck out
  3. 3 Whether s.61(2)(b) LRA applies where decree nisi has been made absolute

Ratio Decidendi

The decree nisi having been made absolute and the appellant having had and withdrawn her appellate remedy, the Court of Appeal held the decree is final and cannot be rescinded by invoking Rule 44 DMPR 1980 or s.61(2)(b) LRA absent illegality, fraud, misrepresentation or lack of jurisdiction; the injunction claim failed for lack of particulars and evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs