30 Sept 2022
PEMPETISYEN Tarani a/p Chellapah Danesh Kumar a/l Kanason
- Citation
- WA-33-79-02/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-33-79-02/2018 (Mahkamah Tinggi)
The Consent Order recorded after mediation was final and conclusive under s76 and established authorities; the respondent failed to come within exceptions permitting variation or setting aside (no fraud, no new evidence that could not have been adduced, was represented at mediation), the challenge was an afterthought and abuse of process, and variation of property division after decree nisi made absolute is impermissible; therefore the strike out application succeeds and the set aside application is struck out.