COURT OF APPEAL (PUTRAJAYA)
KAMALUDIN MD SAID, HASHIM HAMZAH, WONG KIAN KHEONG, JJ
Teo Chee Cheong – Appellant
Versus
Chiam Siew Moi – Respondent
[1]This judgment concerns the High Court’s discretionary power under s 76Law Reform (Marriage and Divorce) Act 1976LRA) to divide “assets” between a married couple whom the High Court had decreed a judicial separation (JS). For reasons which will be explained subsequently in this judgment, we have deliberately refrained from using the term “matrimonial assets”.
[2]The striking feature of this case was the High Court’s division of assets with a total value of RM87,774,567.52 [High Court’s Division (Assets)] in favour of the petitioner wife (PW) against the respondent husband (RH). Learned counsel for both PW and RH had informed us that in terms of monetary value, the High Court’s Division (Assets) is the highest award for any spouse in this country in a contested divorce or JS matter.
[3]When a draft of this judgment (Draft) was completed, the learned chairperson of this panel, Kamaludin bin Md. Said JCA, had retired. This Draft had been forwarded to Hashim bin Hamzah JCA who had expressed his agreement with the Draft.
B. Background
[4]RH works as a “Proprietary Day Trader” (PDT) with TA Securities Holdings Bhd. (TASH). As a PDT -
(1)RH has a fixed monthly salary of RM10,000.00; and
(2)RH
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