J O Y G I A

J O Y G I A

Leave to initiate committal proceedings was properly granted; the Varied Order had been served (including on new solicitors), the Defendant wilfully and deliberately denied the Plaintiff unsupervised and overnight access in breach of the Varied Order, the psychiatric report was unreliable and improperly obtained and did not undermine the prima facie case, contempt was proved beyond reasonable doubt, and a monetary fine with conditional imprisonment was appropriate.

Citation
WA-24F-286-11/2017 (Mahkamah Tinggi)
Parties
Plaintiff: JOY; Defendant: GIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2024
Case Number
WA-24F-286-11/2017 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (contempt Proceedings Under Law Reform (marriage and Divorce) Act 1976) / Hearing and Judgment on Committal Application (leave Previously Granted)
Outcome
Application allowed; Defendant found in contempt of court
Legal Topics
Child Access/visitation, Committal for Contempt, Enforcement of Court Orders, Full and Frank Disclosure in Ex Parte Applications, Service of Orders on Solicitors, Use and Admissibility of Psychiatric Reports
Source Language
Malay/English
Family Law Civil Contempt Civil Procedure Child Welfare Child Access/visitation Committal for Contempt Enforcement of Court Orders Full and Frank Disclosure in Ex Parte Applications +2 more

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Parties

JOY

Plaintiff

GIA

Defendant

Procedural Posture

Originating Summons (contempt Proceedings Under Law Reform (marriage and Divorce) Act 1976) / Hearing and Judgment on Committal Application (leave Previously Granted)

Legal Issues

  1. 1 Whether Defendant wilfully and deliberately refused to comply with the Varied Order
  2. 2 Whether leave to initiate committal proceedings was wrongly granted due to alleged non-disclosure by Plaintiff
  3. 3 Whether the Varied Order was properly served on the Defendant

Ratio Decidendi

Leave to initiate committal proceedings was properly granted; the Varied Order had been served (including on new solicitors), the Defendant wilfully and deliberately denied the Plaintiff unsupervised and overnight access in breach of the Varied Order, the psychiatric report was unreliable and improperly obtained and did not undermine the prima facie case, contempt was proved beyond reasonable doubt, and a monetary fine with conditional imprisonment was appropriate.

Court Disposition

Application allowed; Defendant found in contempt of court

Orders

  • Defendant fined MYR 7,000 payable within 10 days from 18 July 2024; failure to pay will result in three days imprisonment
  • Costs awarded to the Plaintiff