Allison Fong v Chong Sin Lai @ Song Sin Lai

n-02im-645-04-2024 Court of Appeal (Mahkamah Rayuan) 13 August 2025 • N-02(IM)-645-04/2024 • 17 min read
1 cases cited (0 SG, 1 foreign)

Outcome

Based on the aforesaid reasons, the appeal is dismissed with costs in the sum of RM5,000.00 to the Respondent subject to allocatur fee.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (n-02im-645-04-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Family Law — Divorce — Decree nisi made absolute - set aside- substituted service- invalid- address- Law Reform (Marriage and Divorce) Act 1976- marital relationship broke down- separated for many years - defective and amounted to a collateral attack- Practice Direction No.1 of 1968- Requirement of two attempts - service of the cause papers irregular and invalid- Last known address- S.106 of the Law Reform (Marriage and Divorce) Act 1976 - failure to refer the matrimonial difficulty to the conciliatory body- Rule 16A of the Law Reform (Marriage and Divorce) Rules 1982- fraudulently obtained- spousal maintenance- Alimony - division of any matrimonial assets- S.83 and 96 Law Reform (Marriage and Divorce) Act 1976 - functus officio- inordinate delay 6 years- no possibility of reconciliation- separate application- separate prayer - Whether there were good reasons or exceptional circumstances.

Practice Areas

Family Law

Judges (3)

Alwi bin Abdul Wahab Coram Leonard David Shim Delivered Ravinthran a/l Paramaguru Coram

Counsel (7)

B B TEH Firm Ng, Zainurul, Seke & Khoo Firm Joseph Yeo Counsel Appellant Khoo Ai Theng Counsel Respondent Khoo Kah Yong Counsel Appellant Loke Wei Lun Counsel Appellant Tan Siew Yiin Counsel Respondent

Parties (2)

Allison Fong Appellant Chong Sin Lai @ Song Sin Lai Respondent

Cases Cited (1)

MY (1)
[2003] 4 MLJ 647

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (n-02im-645-04-2024)