PEMPETISYEN YEE YEW CHUIN LEE BEE PENG

PEMPETISYEN YEE YEW CHUIN LEE BEE PENG

The court held Enclosure 17 valid under Order 24 r.10 ROC 2012 to the extent that the requested financial documents are relevant to the respondent's maintenance claim and are in the petitioner's possession, custody or power; the court limited disclosure temporally from 1.1.2020 to the date of the order and territorially to documents within the court's jurisdiction, allowed pay-slips, income tax, bank statements (domestic), credit card statements, fixed deposit/unit trust details and EPF statements, and disallowed requests for documentation relating to company-owned properties and the three specified property files (items 6–8) and foreign bank documents as beyond scope or not presently...

Citation
PA-33-341-09/2022 (Mahkamah Tinggi)
Parties
Petitioner Husband: Yee Yew Chuin; Respondent Wife: Lee Bee Peng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 September 2023
Case Number
PA-33-341-09/2022 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition With Ancillary Relief (maintenance) and Application for Production of Documents (enclosure 17) / Interim Application for Production Under Order 24 Rule 10 ROC 2012 (decision on Enclosure 17)
Outcome
Application allowed in part and dismissed in part.
Legal Topics
Maintenance, Ancillary Relief Procedure, Document Production, Relevance and Fishing Expedition, Separate Legal Entity (company Assets)
Source Language
Malay/English
Family Law Civil Procedure Matrimonial Proceedings Discovery/disclosure Law Maintenance Ancillary Relief Procedure Document Production Relevance and Fishing Expedition +1 more

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Parties

Yee Yew Chuin

Petitioner Husband

Lee Bee Peng

Respondent Wife

Procedural Posture

Divorce Petition With Ancillary Relief (maintenance) and Application for Production of Documents (enclosure 17) / Interim Application for Production Under Order 24 Rule 10 ROC 2012 (decision on Enclosure 17)

Legal Issues

  1. 1 Whether Enclosure 17 was brought by the correct procedural mode under the Divorce and Matrimonial Proceedings Rules 1980 (DMPR) or Order 24 r.10 ROC 2012
  2. 2 Whether the documents sought are relevant and within the possession, custody or power of the Petitioner and not a fishing expedition
  3. 3 Scope and timeframe of disclosure (whether 10 years was excessive) and territorial limits (foreign banks, company documents)

Ratio Decidendi

The court held Enclosure 17 valid under Order 24 r.10 ROC 2012 to the extent that the requested financial documents are relevant to the respondent's maintenance claim and are in the petitioner's possession, custody or power; the court limited disclosure temporally from 1.1.2020 to the date of the order and territorially to documents within the court's jurisdiction, allowed pay-slips, income tax, bank statements (domestic), credit card statements, fixed deposit/unit trust details and EPF statements, and disallowed requests for documentation relating to company-owned properties and the three specified property files (items 6–8) and foreign bank documents as beyond scope or not presently...

Court Disposition

Application allowed in part and dismissed in part.

Orders

  • Petitioner to produce pay-slips and income tax statements from 01-01-2020 to date of order.
  • Petitioner to produce all credit card statements from 01-01-2020 to date of order.