LIM BOON CHIN HE YE

LIM BOON CHIN HE YE

ROC 2012 is inapplicable to proceedings under Act 164 and DPMR 1980; therefore the ex-parte order of 21.05.2024 remained valid until inter-partes determination; the Respondent by her conduct submitted to Malaysian jurisdiction and Malaysia was not a clearly inappropriate forum to hear custody and maintenance; accordingly the application to set aside (Enclosure 14) was dismissed with costs.

Citation
JA-24F-155-05/2024 (Mahkamah Tinggi)
Parties
Petitioner: LIM BOON CHIN; Respondent: HE YE
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 September 2024
Case Number
JA-24F-155-05/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (matrimonial/custody) / Interlocutory Application to Set Aside Ex Parte Order; Decision on Enclosure 14
Outcome
Enclosure 14 dismissed with costs of RM2,000.00 subject to allocator fees, to be paid by Respondent to Petitioner.
Legal Topics
Child Custody, Jurisdiction/forum Appropriateness, Service of Process, Ex Parte Injunctions, Welfare of the Child
Source Language
Malay/English
Family Law Civil Procedure Private International Law Child Custody Jurisdiction/forum Appropriateness Service of Process Ex Parte Injunctions Welfare of the Child

Case Brief

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Parties

LIM BOON CHIN

Petitioner

HE YE

Respondent

Procedural Posture

Originating Summons (matrimonial/custody) / Interlocutory Application to Set Aside Ex Parte Order; Decision on Enclosure 14

Legal Issues

  1. 1 Whether the ex-parte order dated 21.05.2024 ought to be set aside
  2. 2 Whether Rules of Court 2012 apply or DPMR 1980/Act 164 govern
  3. 3 Whether Malaysian court is the appropriate forum to determine custody, care and control and maintenance

Ratio Decidendi

ROC 2012 is inapplicable to proceedings under Act 164 and DPMR 1980; therefore the ex-parte order of 21.05.2024 remained valid until inter-partes determination; the Respondent by her conduct submitted to Malaysian jurisdiction and Malaysia was not a clearly inappropriate forum to hear custody and maintenance; accordingly the application to set aside (Enclosure 14) was dismissed with costs.

Court Disposition

Enclosure 14 dismissed with costs of RM2,000.00 subject to allocator fees, to be paid by Respondent to Petitioner.

Orders

  • Enclosure 14 dismissed with costs of RM2,000.00 subject to allocator fees, to be paid by Respondent to Petitioner
  • Ex-parte order dated 21.05.2024 remains valid pending determination of Enclosure 1