PEMPETISYEN YEE YEW CHUIN LEE BEE PENG

PEMPETISYEN YEE YEW CHUIN LEE BEE PENG

Preliminary objection dismissed; Order 24 r.10 ROC 2012 is applicable to obtain copies of specified documents for use in the divorce proceedings where a gap exists in DMPR; the court ordered production of pay‑slips, income tax assessments, credit card statements, bank statements (within Malaysian jurisdiction), fixed deposit/unit trust/investment details and EPF statements from 01.01.2020 to date as relevant and within Petitioner’s possession/custody/power, but refused production of documents relating to the three specified properties (paras 6–8) and limited the time frame to when Petitioner left the matrimonial home; costs fixed against the Applicant (Respondent Wife).

Citation
PA-33-341-09/2022 (Mahkamah Tinggi)
Parties
Petitioner Husband: YEE YEW CHUIN; Respondent Wife: LEE BEE PENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 September 2023
Case Number
PA-33-341-09/2022 (Mahkamah Tinggi)
Procedural Posture
Divorce Proceedings Under Law Reform (marriage and Divorce) Act 1976 (ancillary Relief/maintenance/document Production) / Interlocutory Application (enclosure 17) for Production of Documents Under Order 24 R.10 Rules of Court 2012
Outcome
Application allowed in part; preliminary objection dismissed
Legal Topics
Document Production, Discovery, Maintenance, Ancillary Relief, Jurisdictional Limits on Disclosure
Source Language
Malay/English
Family Law Civil Procedure Evidence Matrimonial Proceedings Document Production Discovery Maintenance Ancillary Relief +1 more

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Parties

YEE YEW CHUIN

Petitioner Husband

LEE BEE PENG

Respondent Wife

Procedural Posture

Divorce Proceedings Under Law Reform (marriage and Divorce) Act 1976 (ancillary Relief/maintenance/document Production) / Interlocutory Application (enclosure 17) for Production of Documents Under Order 24 R.10 Rules of Court 2012

Legal Issues

  1. 1 Whether the application for production should have been made under DMPR (Form 11) or may proceed under Order 24 r.10 ROC 2012
  2. 2 Whether the documents sought are relevant and within possession/custody/power of the Petitioner
  3. 3 Whether the scope and time‑range of the documents constitutes a fishing expedition

Ratio Decidendi

Preliminary objection dismissed; Order 24 r.10 ROC 2012 is applicable to obtain copies of specified documents for use in the divorce proceedings where a gap exists in DMPR; the court ordered production of pay‑slips, income tax assessments, credit card statements, bank statements (within Malaysian jurisdiction), fixed deposit/unit trust/investment details and EPF statements from 01.01.2020 to date as relevant and within Petitioner’s possession/custody/power, but refused production of documents relating to the three specified properties (paras 6–8) and limited the time frame to when Petitioner left the matrimonial home; costs fixed against the Applicant (Respondent Wife).

Court Disposition

Application allowed in part; preliminary objection dismissed

Orders

  • Petitioner Husband to produce pay‑slips and income tax assessments from 01.01.2020 to date
  • Petitioner Husband to produce all credit card statements from 01.01.2020 to date