LIM POH CHUAN LIM POH LEONG

LIM POH CHUAN LIM POH LEONG

The court declined to exercise its inherent jurisdiction to compel DNA testing of an adult where the plaintiff failed to establish a prima facie case or statutory basis; the inherent parens patriae power and other authorities permitting DNA testing apply to children and do not extend to ordering intrusive tests...

Source-derived case information.

Citation
WA-22NCvC-710-12/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Lim Poh Chuan; Defendant: Lim Poh Leong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 January 2024
Case Number
WA-22NCvC-710-12/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Interlocutory Application for DNA Testing
Outcome
Application (Enc 28) dismissed
Legal Topics
DNA Testing, Paternity, Inherent Jurisdiction, Burden of Proof, Costs
Civil Procedure Probate and Administration Family Law Evidence DNA Testing Paternity Inherent Jurisdiction Burden of Proof +1 more

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Parties

Lim Poh Chuan

Plaintiff

Lim Poh Leong

Defendant

Procedural Posture

Originating Summons / Interlocutory Application for DNA Testing

Legal Issues

  1. 1 Whether the High Court can compel an adult to undergo DNA testing under its inherent jurisdiction or s24(d) CJA
  2. 2 Whether the DNA Identification Act 2009 permits compelling DNA tests in civil proceedings
  3. 3 Whether the plaintiff discharged the evidential burden to justify a DNA order

Ratio Decidendi

The court declined to exercise its inherent jurisdiction to compel DNA testing of an adult where the plaintiff failed to establish a prima facie case or statutory basis; the inherent parens patriae power and other authorities permitting DNA testing apply to children and do not extend to ordering intrusive tests against adults in these circumstances; therefore the application for DNA testing was dismissed and costs awarded to the defendant.

Court Disposition

Application (Enc 28) dismissed

Orders

  • Enc 28 dismissed
  • No order for DNA testing