LZT ...RESPONDENT LAIN-LAIN YWS ...PETITIONER

LZT ...RESPONDENT LAIN-LAIN YWS ...PETITIONER

Because the CHD Property was registered in the names of PW and RH and loan documents named them as co-borrowers, the court interpreted 'all costs' in the Decree Nisi to include the construction costs and loan instalments; RH was entitled to enforce the Decree Nisi by judgment debtor summons and recover 50% of those costs from PW; accordingly PW was ordered to pay specified sums and release stakeholder funds.

Citation
WA-33-570-09/2016 (Mahkamah Tinggi)
Parties
Petitioner (wife): YWS; Respondent (husband): LZT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 January 2020
Case Number
WA-33-570-09/2016 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (family Division) / Enclosure 70 Judgment Debtor Summons Hearing Following Decree Nisi and Sale of Matrimonial Properties
Outcome
Judgment for Respondent (Husband). Petitioner (Wife) ordered to pay specified sums and to release stakeholder funds; costs awarded to Respondent.
Legal Topics
Decree Nisi, Distribution of Matrimonial Property, Judgment Debtor Summons, Costs Allocation, Construction Costs, Loan Instalments
Source Language
Malay/English
Family Law Property Law Company Law Civil Procedure Decree Nisi Distribution of Matrimonial Property Judgment Debtor Summons Costs Allocation +2 more

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Parties

YWS

Petitioner (wife)

LZT

Respondent (husband)

Procedural Posture

Divorce Petition (family Division) / Enclosure 70 Judgment Debtor Summons Hearing Following Decree Nisi and Sale of Matrimonial Properties

Legal Issues

  1. 1 Whether the phrase 'all costs' in the Decree Nisi includes construction costs and loan instalments of the CHD Property
  2. 2 Whether AHSB is liable for costs of the CHD Property or liability rests on the registered owners
  3. 3 Whether respondent could proceed by judgment debtor summons to recover sums under the Decree Nisi

Ratio Decidendi

Because the CHD Property was registered in the names of PW and RH and loan documents named them as co-borrowers, the court interpreted 'all costs' in the Decree Nisi to include the construction costs and loan instalments; RH was entitled to enforce the Decree Nisi by judgment debtor summons and recover 50% of those costs from PW; accordingly PW was ordered to pay specified sums and release stakeholder funds.

Court Disposition

Judgment for Respondent (Husband). Petitioner (Wife) ordered to pay specified sums and to release stakeholder funds; costs awarded to Respondent.

Orders

  • PW pays RH RM284,308.16 being 50% of loan instalments and other expenses paid by RH for the CHD Property between date of Decree Nisi and redemption of the loan within 30 days
  • PW's solicitors Messrs. Dee, Netto, Fatimah & Ng to release RM333,144.36 held as stakeholder to the contractors and builders named in Messrs. Siong & Rita's 6.5.2019 letter within 14 days and any balance returned to PW