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2007 MarsdenLR 2923 ; 2007 MarsdenLR 1

CLEMENT SKINNER
YCC – Appellant
Versus
LSY – Respondent


Advocates:
For the wife petitioner - Cheng Hui Hong; M/s Cheng & Cheng
For the husband petitioner - Tai Choi Yu; M/s Tai & Co

JUDGMENT

Clement Skinner J:

[1] This is the hearing of an application by the husband for leave to vary or rescind the terms of two, out of several orders in an amended decree nisi granted on 20 April 2001 (hereafter 'the order of 20 April 2001') on the hearing of a joint petition for the dissolution of the marriage between the husband and the wife.

[2] Before going into the terms of the order of 20 April 2001, it will be more convenient to set out briefly the facts leading up to this application.

[3] The husband is a Malaysian. He is a businessman and travelled frequently to Taiwan. The wife is a Taiwanese national but now resides in Kuching, Malaysia. They met in 1988. On 6 September 1990 the husband and wife married in Taiwan and had their marriage registered there. On 2 June 1991 the wife gave birth to a baby girl in Taiwan (hereafter 'the child'). The paternity of the child is now disputed by the husband and one of the orders he seeks to have rescinded relates to her. More will be said about the matter shortly.

[4] On 23 September 1993 the husband and wife registered their marriage in Malaysia at the Jabatan Pendaftaran Negara, Miri, under the provisions of the Law Reform (Marr

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