Rigby J (delivering oral judgment):

This is an application, on behalf of the Attorney General, Federation of Malaya, to rescind a decree nisi granted to the Petitioner by this Court on 8 February 1956. On the evidence as disclosed in the Attorney General's application it seems to me abundantly clear that there was a deliberate attempt in this case by the Petitioner to induce his wife, by a money payment, to refrain from defending the petition. In the words of Willmer J in the case of Lowndee v. Lowndee [1950] P 231:

That appears to me to amount to no more and no less than an attempt to obtain the judgment of this Court not on the merits of the case, but rather by way of arrangement between the two parties. And an arrangement whereby the husband is to obtain his freedom irrespective of the merits of the case strikes me as being clearly something which does in fact tend to pervert the course of justice.

The decree nisi is rescinded. The petitioner will pay the costs of the intervention made by the Attorney General.

Perhaps I ought to add that I am fully satisfied after having seen the correspondence as disclosed in the application by the Attorney General and the answer thereto, that the petitioner's Solicitors were in no way concerned with the attempt at collusion made by the petitioner.

Costs to be taxed, if not agreed.

Order accordingly.