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2010 MarsdenLR 747

HIGH COURT MALAYA, KUALA LUMPUR
WONG CHENG PING – Appellant
Versus
CHIN GUAN SENG – Respondent


Table of Content
1. setting aside a decree nisi requires strong justification. (Para 1 , 2 , 3)
2. the procedural history of the divorce and appointment of counsel. (Para 6 , 7 , 8 , 10 , 11)
3. assertions regarding the irregularity of the decree nisi. (Para 13 , 14)
4. debate on compliance with procedural rules. (Para 16 , 18)
5. the court's inherent powers and rules governing recovery of orders. (Para 22 , 23 , 24 , 25 , 32 , 35)
6. importance of timely applications after receipt of a decree. (Para 30 , 31 , 34 , 36)
7. distinction between prayers for custody and dissolution matters. (Para 45 , 46)
Yeoh Wee Siam JC:

Appeal

[1] This is an appeal filed by Chin Guan Seng @ Tan Guan Seng, the respondent husband ("the respondent") against my decision made in chambers after the hearing on 9 February 2010 regarding the summons in chambers ("SIC") filed by the respondent on 22 June 2007 in encl. 26.

Prayers In Enclosure 26

[2] The prayers of the respondent in encl. 26 are as follows:

1. (a) The decree nisi dated 22 July 1999 which was obtained by the petitioner wife ("the petitioner") be set aside and the certificate making the decree nisi absolute dated 21 October 1999 be also set aside; or

(b) The t

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