NG PEI LING Sai Kim Seng

NG PEI LING Sai Kim Seng

Although Applicant challenged service under Order 52 r.2B and r.4(3), the court found she was aware of the order, had responded via solicitors, evaded service, and was not prejudiced; the Applicant wilfully and contumaciously breached a clear consent Court Order regarding access to the child, proven beyond reasonable doubt, warranting punishment to enforce compliance; accordingly the committal application was allowed and a fine with custodial fallback was imposed.

Citation
JA-24F-313-12/2020 (Mahkamah Tinggi)
Parties
Applicant/plaintiff: NPL; Respondent/defendant: SKS
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 January 2022
Case Number
JA-24F-313-12/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons – Committal for Contempt (family Law) / Judgment/decision
Outcome
Application allowed
Legal Topics
Custody, Access, Committal, Service of Process (order 52 R.2 B & R.4(3)), Enforcement of Consent Orders
Source Language
Malay/English
Family Law Contempt of Court Civil Procedure Custody Access Committal Service of Process (order 52 R.2 B & R.4(3)) Enforcement of Consent Orders

Case Brief

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Parties

NPL

Applicant/plaintiff

SKS

Respondent/defendant

Procedural Posture

Originating Summons – Committal for Contempt (family Law) / Judgment/decision

Legal Issues

  1. 1 Whether failure to personally serve a pre-notice under Order 52 r.2B and the Cause Papers under Order 52 r.4(3) was fatal
  2. 2 Whether the Applicant breached the consent Court Order regarding custody/access
  3. 3 Whether the breach was wilful and proven beyond reasonable doubt

Ratio Decidendi

Although Applicant challenged service under Order 52 r.2B and r.4(3), the court found she was aware of the order, had responded via solicitors, evaded service, and was not prejudiced; the Applicant wilfully and contumaciously breached a clear consent Court Order regarding access to the child, proven beyond reasonable doubt, warranting punishment to enforce compliance; accordingly the committal application was allowed and a fine with custodial fallback was imposed.

Court Disposition

Application allowed

Orders

  • Applicant ordered to pay a fine of MYR10,000 within 14 days from the date of this decision (27 January 2022); failing payment, applicant to be imprisoned for 14 days