LAIN-LAIN 1. PAN KOK FAI 2. TSEN CHEE FONG (P) ... PEMPETISYEN-PEMPETISYEN

LAIN-LAIN 1. PAN KOK FAI 2. TSEN CHEE FONG (P) ... PEMPETISYEN-PEMPETISYEN

Application dismissed because the Contempt Statement failed to comply with Order 52 by not particularising the alleged contempt; the alleged contempt and arrears were not proved beyond reasonable doubt (incorrect basis of calculation and time-barred amounts under the LRA); and the applicant was herself in breach of the Decree Nisi, precluding relief until purged.

Citation
S8-33-1093-2006 (Mahkamah Tinggi)
Parties
Respondent / Ex Husband: PAN KOK FAI; Applicant / Petitioner Wife: TSEN CHEE FONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
S8-33-1093-2006 (Mahkamah Tinggi)
Procedural Posture
Committal Application (contempt) for Maintenance Arrears Under Order 52 ROC / High Court Judgment (application Dismissed)
Outcome
Application to commit dismissed
Legal Topics
Committal Proceedings, Maintenance Arrears, Limitation Under Law Reform (marriage and Divorce) Act, Access and Custody Orders, Procedural Compliance With Order 52
Source Language
Malay/English
Family Law Contempt of Court Civil Procedure Maintenance Law Constitutional Law Committal Proceedings Maintenance Arrears Limitation Under Law Reform (marriage and Divorce) Act +2 more

Case Brief

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Parties

PAN KOK FAI

Respondent / Ex Husband

TSEN CHEE FONG

Applicant / Petitioner Wife

Procedural Posture

Committal Application (contempt) for Maintenance Arrears Under Order 52 ROC / High Court Judgment (application Dismissed)

Legal Issues

  1. 1 Whether the Contempt Statement complied with Order 52 ROC by adequately particularising the alleged contempt
  2. 2 Whether alleged contempt and arrears were proven beyond reasonable doubt
  3. 3 Whether claimed arrears are recoverable given limitation provisions in the LRA and expiry of child maintenance on reaching 18

Ratio Decidendi

Application dismissed because the Contempt Statement failed to comply with Order 52 by not particularising the alleged contempt; the alleged contempt and arrears were not proved beyond reasonable doubt (incorrect basis of calculation and time-barred amounts under the LRA); and the applicant was herself in breach of the Decree Nisi, precluding relief until purged.

Court Disposition

Application to commit dismissed

Orders

  • Petitioner wife's application to commit respondent dismissed
  • No order as to costs