Chen Siew Lee (NRIC No. 520102-07-5118 1. ) Tan Bak Lee (NRIC No. 491127-07-5261) 2. ) Jasmine Yeoh Siow Ling (NRIC No. 691023-07-5052)

Chen Siew Lee (NRIC No. 520102-07-5118 1. ) Tan Bak Lee (NRIC No. 491127-07-5261) 2. ) Jasmine Yeoh Siow Ling (NRIC No. 691023-07-5052)

The application under O 33 rr 2 and 5 was dismissed because the issues raised concern the validity and enforcement of settlement agreements that are properly determined in the pending Civil Suits 109 and 93; those suits are stayed by the Court of Appeal order which requires the issues to be raised in those actions; the questions involve disputed facts and extrinsic evidence and would not finally dispose the divorce petition or the broader division of matrimonial assets under the Law Reform (Marriage and Divorce) Act 1976; permitting the application would amount to an abuse of process and an attempt to circumvent the Court of Appeal order.

Citation
PA-33-217-06/2017 (Mahkamah Tinggi)
Parties
Petitioner: Chen Siew Lee; Respondent: Tan Bak Lee; Co Respondent: Jasmine Yeoh Siow Ling
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 October 2020
Case Number
PA-33-217-06/2017 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition / Interlocutory Application Under O 33 Rr 2 and 5 Dismissed
Outcome
Application dismissed with costs
Legal Topics
Maintenance, Division of Matrimonial Assets, Consent Judgment Enforcement, Separate Trial of Issues (o 33), Res Judicata/estoppel, Abuse of Process, Stay of Proceedings
Source Language
Malay/English
Family Law Civil Procedure Contract Law Property Law Maintenance Division of Matrimonial Assets Consent Judgment Enforcement Separate Trial of Issues (o 33) +3 more

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Parties

Chen Siew Lee

Petitioner

Tan Bak Lee

Respondent

Jasmine Yeoh Siow Ling

Co Respondent

Procedural Posture

Divorce Petition / Interlocutory Application Under O 33 Rr 2 and 5 Dismissed

Legal Issues

  1. 1 Whether the 2015 Consent Judgment, the 2013 Sale and Purchase/Settlement Agreement and the 2014 Matrimonial Settlement are binding and enforceable against the petitioner
  2. 2 Whether the petitioner is estopped or subject to res judicata from pursuing ancillary reliefs of maintenance and division of matrimonial assets in the divorce petition
  3. 3 Whether the questions/issues should be tried separately under O 33 rr 2 and 5 and whether such a separate trial would substantially dispose of the divorce petition

Ratio Decidendi

The application under O 33 rr 2 and 5 was dismissed because the issues raised concern the validity and enforcement of settlement agreements that are properly determined in the pending Civil Suits 109 and 93; those suits are stayed by the Court of Appeal order which requires the issues to be raised in those actions; the questions involve disputed facts and extrinsic evidence and would not finally dispose the divorce petition or the broader division of matrimonial assets under the Law Reform (Marriage and Divorce) Act 1976; permitting the application would amount to an abuse of process and an attempt to circumvent the Court of Appeal order.

Court Disposition

Application dismissed with costs

Orders

  • Enclosure 73 dismissed with costs