PEMPETISYEN YAP SOO KEAN (p) 1. ) PHANG CHEE WAI 2. ) SIEW OOI SEONG

PEMPETISYEN YAP SOO KEAN (p) 1. ) PHANG CHEE WAI 2. ) SIEW OOI SEONG

On the evidence the Court found the marriage had irretrievably broken down and granted a decree of judicial separation; the Court dismissed the adultery claim and claim for damages against the Co-Respondent for lack of cogent admissible evidence (private investigator report not admitted and allegations speculative); the Court assessed maintenance at RM10,000 per month and effected division/transfer of specified immovable properties and specified adjustments to company shareholdings as set out in the judgment, awarding costs RM15,000 to the Co-Respondent.

Citation
BA-33-776-11/2017 (Mahkamah Tinggi)
Parties
Petitioner Wife: YAP SOO KEAN; Respondent Husband: PHANG CHEE WAI; Co Respondent: SIEW OOI SEONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 August 2022
Case Number
BA-33-776-11/2017 (Mahkamah Tinggi)
Procedural Posture
Judicial Separation / Trial Court Judgment (decision Dated 02.11.2022)
Outcome
Decree of Judicial Separation granted; adultery claim against Respondent and damages claim against Co-Respondent dismissed; maintenance awarded to Petitioner; specified division and transfers of matrimonial assets ordered; costs awarded to Co-Respondent.
Legal Topics
Judicial Separation, Adultery, Maintenance, Division of Matrimonial Assets, Damages Against Co Respondent, Burden of Proof
Source Language
Malay/English
Family Law Matrimonial Law Company Law (limited) Judicial Separation Adultery Maintenance Division of Matrimonial Assets Damages Against Co Respondent +1 more

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Parties

YAP SOO KEAN

Petitioner Wife

PHANG CHEE WAI

Respondent Husband

SIEW OOI SEONG

Co Respondent

Procedural Posture

Judicial Separation / Trial Court Judgment (decision Dated 02.11.2022)

Legal Issues

  1. 1 Whether adultery by the Respondent with the Co-Respondent was proved
  2. 2 Whether unreasonable behaviour existed making cohabitation intolerable
  3. 3 Whether parties had lived apart for two continuous years

Ratio Decidendi

On the evidence the Court found the marriage had irretrievably broken down and granted a decree of judicial separation; the Court dismissed the adultery claim and claim for damages against the Co-Respondent for lack of cogent admissible evidence (private investigator report not admitted and allegations speculative); the Court assessed maintenance at RM10,000 per month and effected division/transfer of specified immovable properties and specified adjustments to company shareholdings as set out in the judgment, awarding costs RM15,000 to the Co-Respondent.

Court Disposition

Decree of Judicial Separation granted; adultery claim against Respondent and damages claim against Co-Respondent dismissed; maintenance awarded to Petitioner; specified division and transfers of matrimonial assets ordered; costs awarded to Co-Respondent.

Orders

  • Decree of Judicial Separation granted to Petitioner Wife
  • Respondent Husband ordered to pay Petitioner RM10000 monthly as maintenance, payable on or before the 7th day of each month