ONG KO LYNN v CHEAH BENG KEONG

pa-24f-95-09-2024 High Court (Mahkamah Tinggi) 4 February 2025 • PA-24F-95-09/2024

Catchwords

Referring to the case of YAP YEN PIOW v. HEE WEE ENG [2016] CLJU 1060; [2016] 1 LNS 1060; [2017] 1 MLJ 17, where the Court ruled that: "...assets which does not fall into the category of matrimonial property but acquired by the sole effort of one spouse during the subsistence of marriage which we have referred to as non-matrimonial property but may qualify as matrimonial assets pursuant to s. 76 (3) of the LRA 1976. When it relates to matrimonial property, the division of the assets is a well-recognized principle in Malaysia. However, when the assets fall under the category of non-matrimonial property, the division is not permissible as of right unless the Act clearly says so or provides for a methodology to do so. That is to say, for matrimonial property, the division is of right but non-matrimonial property the division is not as of right.”

Practice Areas

Judges (1)

Azizan bin Md. Arshad Delivered

Parties (2)

Cheah Beng Keong Respondent Ong Ko Lynn Applicant

Judgment

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Source: eJudgment (pa-24f-95-09-2024)