JUDGMENT

Hashim Yusoff JCA:

[1] This is an appeal filed by the appellant/husband against part of the orders of the High Court in respect of the division of the matrimonial property made pursuant to his divorce from the respondent/wife. The respondent/wife had also filed a cross-appeal against the orders made by the learned High Court judge on 28 May 2004. We heard the appeal on 23 June 2005 and reserved our judgment to be given at a later date. We do so now.

The Facts

[2] The appellant in this case is a Malaysian whilst the respondent is an Indonesian of Chinese descent. They married in the United Kingdom in 1986 and stayed there until 1993 when they moved to Malaysia. Upon their return to Malaysia, they registered their marriage under the Law Reform (Marriage & Divorce) Act 1976 (the Act). They were separated in 2004 and a decree nisi was issued on 28 May 2004.

[3] The appellant worked as an Ear Nose & Throat Surgeon (ENT) upon passing his FCRS examinations in 1991. The Respondent completed her studies and qualified to practice as an architect in the United Kingdom in the same year. Both parties managed to acquire some properties whilst in the United Kingdom but the properties were sold when they returned to Malaysia and the proceeds were used to purchase properties in Malaysia. A Mercedes Benz 190E driven by them in London was imported into Malaysia from the United Kingdom.

[4] The appellant commenced private practice in 1996 as an ENT specialist at Tung Shin Hospital and later moved to Gleneagles Intan Medical Centre upon completing his three years government service at University Hospital, Petaling Jaya. The respondent however, was not able to practice as an architect in Malaysia as she was unable to sit for the Pertubuhan Arkitek Malaysia examinations being neither a citizen nor a permanent resident of Malaysia.

[5] At the time they registered their marriage, the parties lived at No. 25-A, Bangsar Heights Condominium, Lorong Kalai, Bangsar and subsequently moved to No. 5-11-7, Pantai Panorama Condominium, Off Jalan Kerinchi, Kuala Lumpur.

The parties also purchased the following properties during the marriage:

a) An apartment at A-15-05, Sunnyville, Penang;

b) Two lots of land at Taman Lumba Kuda, measuring in total 8,605 sq ft held under title HS (M) 276/1991 PT 1252 and HS (M) 277/1991 PT 1263 both at Mukim Alor Merah, Kedah Darul Aman;

c) An apartment at 22-03A, Midland Park, Penang;

d) Two shoplots at Sunny Point, Penang;

e) A semi-detached house at Taman Golf, Alor Setar;

f) Clinic premises at Gleneagles Intan Medical Centre, Kuala Lumpur;

g) Land at Country Heights, Mines Resort, Selangor.

[6] Two companies were also set up during the marriage, namely:

a) Swiss Atlantic Sdn Bhd - A company set up as a vehicle to receive the fees charged by the appellant in his private practice. The appellant holds 90% shares in the company and his mother and sister hold 5% each.

b) Eng Hoe Leong Sdn Bhd - A company set up as a property holding company. The appellant and his two brothers hold 30% each and the respondent holds 10%.

[7] The properties at Bangsar Heights Condominium and Midland Park, Penang were sold and the appellant retained all the proceeds of the sales.

[8] In 1998, the appellant moved out of the matrimonial home whilst the respondent continued to live there. There are no children of the marriage and the appellant had not paid any maintenance to the respondent.

[9] The appellant then filed for dissolution of the marriage on 1 September 1999 and prayed that no financial provision be made to the respondent but he was willing to bear the costs of the petition.

[10] On 31 May 2000, the respondent filed in a cross-petition praying for the marriage to be dissolved and for division of all the matrimonial assets be made equally between them, maintenance of RM10,000 a month and costs of the proceedings.

[11] The learned High Court judge dismissed the appellant's petition and allowed the respondent's cross-petition. The terms