Chen Teck Shin Foo Chi Mei BUKAN PIHAK-PIHAK TANG POOI FUN

Chen Teck Shin Foo Chi Mei BUKAN PIHAK-PIHAK TANG POOI FUN

Defendant proved beyond reasonable doubt that the Plaintiff wilfully breached clear terms of the Court Order on multiple occasions (failure to return children as scheduled, refusal to disclose police report, prolonged retention of passports) amounting to contempt; accordingly contempt established and a monetary fine with conditional imprisonment was imposed.

Citation
WA-24F-262-07/2022 (Mahkamah Tinggi)
Parties
Plaintiff: TEH; Defendant: CEH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 June 2024
Case Number
WA-24F-262-07/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (custody; Committal for Contempt) / Hearing of Contempt Application Pursuant to Order 52 R.4 Rules of Court 2012
Outcome
Application allowed with costs; Plaintiff found in contempt of court and fined.
Legal Topics
Custody, Access, Committal Proceedings, Contempt, Child Welfare, Variation of Order, Disclosure of Police Report, Passports
Source Language
Malay/English
Family Law Contempt of Court Guardianship Custody Access Committal Proceedings Contempt Child Welfare +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

TEH

Plaintiff

CEH

Defendant

Procedural Posture

Originating Summons (custody; Committal for Contempt) / Hearing of Contempt Application Pursuant to Order 52 R.4 Rules of Court 2012

Legal Issues

  1. 1 Whether there was inordinate delay in filing the contempt application
  2. 2 Whether the Plaintiff wilfully refused to comply with the Court Order
  3. 3 Whether the application was filed in bad faith

Ratio Decidendi

Defendant proved beyond reasonable doubt that the Plaintiff wilfully breached clear terms of the Court Order on multiple occasions (failure to return children as scheduled, refusal to disclose police report, prolonged retention of passports) amounting to contempt; accordingly contempt established and a monetary fine with conditional imprisonment was imposed.

Court Disposition

Application allowed with costs; Plaintiff found in contempt of court and fined.

Orders

  • Application allowed with costs in favour of Defendant
  • Plaintiff fined MYR 4,000 for the four breaches, to be paid within seven days