PEMPETISYEN 1. ) G O N G 2. ) H O N G

PEMPETISYEN 1. ) G O N G 2. ) H O N G

Application dismissed: applicant failed to comply with Rule 63 disclosure obligations and failed to prove on the balance of probabilities any material change in circumstances warranting variation of the consent Court Order; consent order upheld, guardianship to remain joint, and attachment of earnings refused on procedural and discretionary grounds.

Citation
WA-33JP-168-02/2021 (Mahkamah Tinggi)
Parties
Petitioner Husband: GONG; Petitioner Wife: HONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 September 2024
Case Number
WA-33JP-168-02/2021 (Mahkamah Tinggi)
Procedural Posture
Joint Divorce Petition (variation of Consent Order) / Application to Vary Consent Order (ancillary Relief) – Dismissed
Outcome
Application dismissed with costs
Legal Topics
Consent Order Variation, Material Change in Circumstances, Custody and Access, Spousal Maintenance, Child Maintenance, Attachment of Earnings, Procedural Disclosure (rule 63)
Source Language
Malay/English
Family Law Matrimonial Law Child Custody Maintenance Enforcement Civil Procedure Evidence Law Consent Order Variation Material Change in Circumstances +5 more

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Parties

GONG

Petitioner Husband

HONG

Petitioner Wife

Procedural Posture

Joint Divorce Petition (variation of Consent Order) / Application to Vary Consent Order (ancillary Relief) – Dismissed

Legal Issues

  1. 1 Whether applicant complied with Rule 63 disclosure requirements
  2. 2 Whether a consent order can be varied and on what basis
  3. 3 Whether there was a material change in circumstances for custody and access

Ratio Decidendi

Application dismissed: applicant failed to comply with Rule 63 disclosure obligations and failed to prove on the balance of probabilities any material change in circumstances warranting variation of the consent Court Order; consent order upheld, guardianship to remain joint, and attachment of earnings refused on procedural and discretionary grounds.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs
  • No variation to custody, care and control as set out in the March 2021 Court Order