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 The paternity of the child is now disputed by the husband and one of the orders he seeks to have rescinded relates to her.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 (Marriage and Divorce) Act 1976 (hereafter 'the Act'). After the child completed her kindergarten schooling in Taiwan she came to Malaysia where she received her primary school education in Kuching. Since the age of 12, the child has held a Malaysian Identity Card. Since 2002 the child has been studying in Singapore.

[5] By 2000 the husband and wife were experiencing difficulties in their marriage. On 6 January 2000 they entered into a deed to resolve their marital differences ('the deed of settlement'). The second and third preamble of the deed of settlement reads:

2. Unhappy differences have arisen and they have agreed to dissolve the marriage and live separately from each other and to enter into the arrangement herein appearing.

3. The couple have one daughter (hereafter called 'the daughter') born on 2nd June, 1991.

[6] More will be said about the contents of the deed of settlement shortly, but for present purposes it will be sufficient to mention two matters about the deed: First, many of the terms set out in the deed of settlement are also found in the order of 20 April 2001. Second, pursuant to cl. 3(a) the parties had agreed that they shall, 'simultaneously with the signing of this deed, sign the Joint Petition for Dissolution of Marriage by Mutual Consent with no order as to costs' to be presented to the High Court at Kuching.

[7] On the same day the deed of settlement was executed ie, on 6 January 2000 a joint petition for the dissolution of their marriage was filed at the High Court in Kuching by the husband and wife. By consent of the parties the court then granted the order of 20 April 2001.

[8] Although the husband seeks to vary or rescind the terms of only two of the orders, it will be better for completeness to set out the whole of the order of 20 April 2001. It reads (in its relevant parts):

1. (a) The wife petitioner (LSY) be granted care and custody of the said child with free and reasonable access to husband petitioner.

(b) That the husband petitioner shall pay to the wife petitioner a sum of RM2,800,000 as maintenance for the wife petitioner by way of six (6) instalments in the following amount to be paid on the following times:

(i) RM300,000 on 31 December 1999;

(ii) RM500,000 on 30 April 2000;

(iii) RM500,000 on 31 August 2000;

(iv) RM500,000 on 31 December 2000;

(v) RM500,000 on 3 April 2001; and

(vi) RM500,000 on 31 August 2001.

(c) That the husband petitioner shall buy for the wife petitioner an apartment in Singapore, free from all encumbrances which shall be fully furnished with furniture, crockery, utensils and effects within one (1) year from the date when the decree nisi is granted provided always that the husband petitioner shall be granted an extension of six (6) months to complete the said purchase if the husband petition