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

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

The Court held that the original order prohibited the First Respondent from dealing with 50% of specified assets only and did not authorise any third party including the bank to freeze 100% of his accounts; the effective date for freezing 50% is the date the order was granted (10 January 2024); speculative references to assets not shown to exist (eg. 'Supermax Corporation Berhad, if any') must be omitted; and the Court had jurisdiction under Order 20 r11, Order 92 r4 and the 'liberty to apply' provision to clarify and amend the order to give effect to its true intention.

Citation
WA-33-238-04/2022 (Mahkamah Tinggi)
Parties
Petitioner: Tan Bee Geok; First Respondent (husband): Thai Kim Sim; Second Respondent: Tan Seah Lee; Party Cited: Lin Woon Fui
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 July 2024
Case Number
WA-33-238-04/2022 (Mahkamah Tinggi)
Procedural Posture
Judicial Separation Petition (ancillary Relief Under Law Reform (marriage and Divorce) Act 1976) / Application for Clarification and Consequential Orders (judgment on Clarification)
Outcome
Application allowed in part; Court clarified and amended the previous order to reflect its original intention as set out in the judgment
Legal Topics
Judicial Separation, Ancillary Relief Under S102 LRA 1976, Freeze Orders Vs Mareva Injunctions, Liberty to Apply, Slip Rule and Inherent Jurisdiction
Source Language
Malay/English
Family Law Civil Procedure Matrimonial Property Banking Law Injunctions Judicial Separation Ancillary Relief Under S102 LRA 1976 Freeze Orders Vs Mareva Injunctions +2 more

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Parties

Tan Bee Geok

Petitioner

Thai Kim Sim

First Respondent (husband)

Tan Seah Lee

Second Respondent

Lin Woon Fui

Party Cited

Procedural Posture

Judicial Separation Petition (ancillary Relief Under Law Reform (marriage and Divorce) Act 1976) / Application for Clarification and Consequential Orders (judgment on Clarification)

Legal Issues

  1. 1 Whether the bank was authorised to freeze the entirety of the First Respondent's sole accounts pursuant to the Court Order
  2. 2 What is the effective date for freezing 50% of the funds specified in the Court Order
  3. 3 Whether the phrase 'Supermax Corporation Berhad, if any' should remain in the Court Order

Ratio Decidendi

The Court held that the original order prohibited the First Respondent from dealing with 50% of specified assets only and did not authorise any third party including the bank to freeze 100% of his accounts; the effective date for freezing 50% is the date the order was granted (10 January 2024); speculative references to assets not shown to exist (eg. 'Supermax Corporation Berhad, if any') must be omitted; and the Court had jurisdiction under Order 20 r11, Order 92 r4 and the 'liberty to apply' provision to clarify and amend the order to give effect to its true intention.

Court Disposition

Application allowed in part; Court clarified and amended the previous order to reflect its original intention as set out in the judgment

Orders

  • Clarified that the Court Order only prohibited the First Respondent from dealing with 50% of the specified assets and did not authorise any third party including the Bank to freeze 100% of his accounts
  • Declared that the effective date for freezing 50% of the funds is 10 January 2024 (the date the Court Order was granted)