Outcome: Appeal dismissed.
1 The Wife filed for divorce against the Husband, who failed to file his defence by the stipulated deadline. Interim judgment was then granted in favour of the Wife.
2 The Husband filed an application to set aside the Interim Judgement. The application was dismissed. The Husband then filed an appeal, arguing that the Interim Judgment ought to be set aside on the ground of a non-disclosure of a material fact, namely that the Wife is a lesbian.
3 The Interim Judgement was upheld, and the court held that the Husband’s claim of the Wife’s non-disclosure as a ground for setting aside the Interim Judgement is unmeritorious.
4 If one knows of a material fact that would have prevented the grant of an Interim Judgement even before any application for divorce has been filed by either party, then one is entitled to raise it as a defence when the application is first heard. Should the material fact not be raised in the defence, then there is no merit in arguing later on appeal that the other party’s non-disclosure is a ground for setting aside the Interim Judgment: at The full text of the decision can be found here.
This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.