PEMPETISYEN Thai Kim Sim 1. ) Tan Bee Geok 2. ) Lin Woon Fui PIHAK YANG DINAMAKAN 1. ) Tan Seah Lee 2. ) Chea Tsui Khung

PEMPETISYEN Thai Kim Sim 1. ) Tan Bee Geok 2. ) Lin Woon Fui PIHAK YANG DINAMAKAN 1. ) Tan Seah Lee 2. ) Chea Tsui Khung

The Family Court had jurisdiction to grant injunctive relief against the First Respondent to protect the Family Court's ability to equitably divide matrimonial assets and to prevent an abuse of process; on the facts the winding-up petition against Supermax Holdings Sdn Bhd was an abuse designed to frustrate the Family Court, a Fortuna injunction was justified to restrain continuation of that petition, and a quia timet injunction was justified to prevent further dissipation of assets; the Court could not, however, order restoration of legal consequences already triggered by presentation of a winding-up petition (prayer 3).

Citation
WA-33-160-04/2024 (Mahkamah Tinggi)
Parties
Petitioner: Thai Kim Sim; First Respondent: Tan Bee Geok; Second Respondent: Lin Woon Fui; Party Cited: Tan Seah Lee; Party Cited: Chea Tsui Khung
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 March 2025
Case Number
WA-33-160-04/2024 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition (matrimonial Proceedings) / Interlocutory Application for Injunction Heard and Judgment Delivered
Outcome
Application allowed in part with modifications
Legal Topics
Injunctions, Fortuna Injunction, Quia Timet Injunction, Abuse of Process, Division of Matrimonial Assets, Winding Up Petition
Source Language
Malay/English
Family Law Company Law Insolvency Law Civil Procedure Equity Injunctions Fortuna Injunction Quia Timet Injunction +3 more

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Parties

Thai Kim Sim

Petitioner

Tan Bee Geok

First Respondent

Lin Woon Fui

Second Respondent

Tan Seah Lee

Party Cited

Chea Tsui Khung

Party Cited

Procedural Posture

Divorce Petition (matrimonial Proceedings) / Interlocutory Application for Injunction Heard and Judgment Delivered

Legal Issues

  1. 1 Whether the Family Court had jurisdiction to grant injunctions restraining winding-up proceedings
  2. 2 Whether a Fortuna injunction was warranted to restrain the winding-up petition
  3. 3 Whether a quia timet injunction was warranted to prevent dissipation of matrimonial assets

Ratio Decidendi

The Family Court had jurisdiction to grant injunctive relief against the First Respondent to protect the Family Court's ability to equitably divide matrimonial assets and to prevent an abuse of process; on the facts the winding-up petition against Supermax Holdings Sdn Bhd was an abuse designed to frustrate the Family Court, a Fortuna injunction was justified to restrain continuation of that petition, and a quia timet injunction was justified to prevent further dissipation of assets; the Court could not, however, order restoration of legal consequences already triggered by presentation of a winding-up petition (prayer 3).

Court Disposition

Application allowed in part with modifications

Orders

  • Grant injunction restraining the First Respondent, whether by herself or through agents, representatives, nominees, solicitors or any other person acting on her behalf, from continuing with Winding-Up Petition No BA-28NCC-176-03/2024 against Supermax Holdings Sdn Bhd until further order of this Court
  • Grant quia timet injunction (as consolidated and redrafted) prohibiting the First Respondent, whether by herself, her agents, representatives, servants, employees or otherwise, until further order of the Court, from transferring, withdrawing, charging, mortgaging, encumbering, dealing with, disposing of, dissipating...