XXXX RASIDAH BINTI RATAG

XXXX RASIDAH BINTI RATAG

The magistrate's ex parte allowance of the application to set aside the IPO breached the audi alteram partem principle because the father and the Welfare Department were not cited or heard; that procedural irregularity vitiates the magistrate's order, which is set aside, the original IPO is reinstated pending a fresh hearing where all necessary parties must be personally notified, and the matter is remitted to another magistrate for rehearing.

Citation
WA-41(Ors)-10-07/2024 (Mahkamah Tinggi)
Parties
Appellant (father): Ahmad Syukry bin Ismail Erayu; Respondent (mother): Rasidah binti Ratag
Court
Ors
Jurisdiction
Malaysia
Judgment Date
4 June 2025
Case Number
WA-41(Ors)-10-07/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal From Magistrate's Court (interim Protection Order) / High Court Appellate Judgment
Outcome
High Court allowed the appeal; set aside the magistrate's ex parte order; reinstated the original Interim Protection Order; remitted the matter for fresh hearing with parties notified
Legal Topics
Interim Protection Order, Natural Justice (audi Alteram Partem), Procedural Impropriety, Appealability, Remittal for Rehearing
Source Language
Malay/English
Criminal Law Family Law Administrative Law Child Protection Interim Protection Order Natural Justice (audi Alteram Partem) Procedural Impropriety Appealability +1 more

Case Brief

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Parties

Ahmad Syukry bin Ismail Erayu

Appellant (father)

Rasidah binti Ratag

Respondent (mother)

Procedural Posture

Criminal Appeal From Magistrate's Court (interim Protection Order) / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the magistrate lawfully allowed an application to set aside an Interim Protection Order (IPO) ex parte
  2. 2 Whether the audi alteram partem rule was breached by not citing the father and the Welfare Department (JKM)
  3. 3 Whether the ex parte setting aside order is void or voidable and should be set aside

Ratio Decidendi

The magistrate's ex parte allowance of the application to set aside the IPO breached the audi alteram partem principle because the father and the Welfare Department were not cited or heard; that procedural irregularity vitiates the magistrate's order, which is set aside, the original IPO is reinstated pending a fresh hearing where all necessary parties must be personally notified, and the matter is remitted to another magistrate for rehearing.

Court Disposition

High Court allowed the appeal; set aside the magistrate's ex parte order; reinstated the original Interim Protection Order; remitted the matter for fresh hearing with parties notified

Orders

  • Magistrate's order allowing the mother's ex parte application to set aside the IPO is set aside
  • The original Interim Protection Order granted to the father is reinstated pending rehearing