RE LIM SENG HUAT AND LEONG KAI WEI

RE LIM SENG HUAT AND LEONG KAI WEI

The court allowed the wife's application to amend the order (to correct a clear omission and to set a new compliance date so a penal notice can be endorsed and re-served) and dismissed the husband's application to set aside the order and its amendment as without merit because the orders were made in the presence of both parties and counsel and the amendment corrected an obvious mistake; collateral allegations were irrelevant and amounted to delay.

Citation
RE LIM SENG HUAT AND LEONG KAI WEI
Parties
Petitioner (husband): Lim Seng Huat; Petitioner (wife): Leong Kai Wei
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Divorce (family Law) / Post Judgment Interlocutory Applications: Amendment for Enforcement and Application to Set Aside Orders
Outcome
Wife's application to amend allowed; husband's application to set aside dismissed.
Legal Topics
Deed of Marriage Settlement, Consent Orders, Amendment of Orders (clerical Correction), Setting Aside Orders, Penal Notice and Committal Proceedings, Irrelevance of Collateral Allegations
Source Language
en
Family Law Civil Procedure Enforcement/contempt Deed of Marriage Settlement Consent Orders Amendment of Orders (clerical Correction) Setting Aside Orders Penal Notice and Committal Proceedings +1 more

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Parties

Lim Seng Huat

Petitioner (husband)

Leong Kai Wei

Petitioner (wife)

Procedural Posture

Divorce (family Law) / Post Judgment Interlocutory Applications: Amendment for Enforcement and Application to Set Aside Orders

Legal Issues

  1. 1 Whether the court should amend the judgment to provide a new compliance date and enable re-service with a penal notice
  2. 2 Whether the husband's application to set aside the order and its amendment has merit
  3. 3 Whether allegations about solicitors' conduct and third-party claims justify setting aside consent orders

Ratio Decidendi

The court allowed the wife's application to amend the order (to correct a clear omission and to set a new compliance date so a penal notice can be endorsed and re-served) and dismissed the husband's application to set aside the order and its amendment as without merit because the orders were made in the presence of both parties and counsel and the amendment corrected an obvious mistake; collateral allegations were irrelevant and amounted to delay.

Court Disposition

Wife's application to amend allowed; husband's application to set aside dismissed.

Orders

  • Application to amend order allowed; amendment made to correct omission and to provide new compliance date and to enable endorsement of a penal notice
  • Husband's summons to set aside the order and the amendment dismissed as without merit