- D不允许以P是已婚妇女的情况作为借口，受益于自己的错误，并以“违法“，”违反公共政策“，”不明朗“和”不可合法执行” 为理由去否认他的结婚承诺。
- P (a married woman but lived seperately from her husband) claim for damages from D for breach of promise to marry D (a single man).
- When P is still married, D still befriended with her in 2002. D promised to marry P and cohabited with P in 2004. However, when P’s husband passed away in 2011, P was able, willing and ready to register a formal marriage with D but D repudiated his promise to marry P.
- There were evidence that:
(a) in year 2002, P left Bintulu and befriended with D. At that material time, D is single and he knew that P is married but living separately from her husband;
(b) in the year 2004 and in reliance of D’s promise to marry, P cohabited with D in a wooden house situated at Sibu The said cohabitation is supported by photographs;
(c) P had incurred expenses for travelling overseas with D, taking marriage photographs, buying furniture and marriage ceremony with relatives and friends with D; and
(d) in 2011 when the P’s husband passed away, D had breached his promise to marry P when she is able, willing and ready to register a formal marriage with D.
- P’s version of events are sufficiently corroborated and/or substantiated by photographs, documents, the most credible are the photographs pertaining to marriage ceremony, cohabitation, family photographs, purchase of furniture and overseas trip.
- D should not be allowed to take advantage of the position of married woman and benefited by his own wrong and subsequently relied on illegality, contrary to public policy, uncertainty and unenforceability to discharge his promise to marry.
- D is liable to pay damages for his breached of promise to marry P.
Source: Lau Pin Sien v Kong Chung Sng  MLJU 354 HC Sibu
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