Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Damages against co-respondent

  • 25 Nov 2024

    PEMPETISYEN H A I 1. ) P A I 2. ) K A I

    Citation
    WA-33-574-10/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-574-10/2022 (Mahkamah Tinggi)

    On a balance of probabilities, applying a higher degree of persuasion given the gravity of adultery allegations, the circumstantial evidence (emails about IVF and partner, joint stays, shared residences, admission to Petitioner, access to matrimonial assets, and credibility findings) established adultery by Respondent with Co-Respondent; Co-Respondent liable to compensatory damages (MYR200,000) and costs; Respondent found primarily responsible for breakdown and ordered to pay lump-sum spousal maintenance MYR205,000 (derived from MYR5,000/month for 41 months to age 76) plus costs MYR50,000; ma…

  • 19 Mar 2024

    PEMPETISYEN D A Y S A Y

    Citation
    WA-33-383-09/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-383-09/2020 (Mahkamah Tinggi)

    Divorce was granted and decree nisi made absolute; court found petitioner primarily responsible for breakdown due to adultery and fraudulent conduct (including misuse of another couple's decree and bigamous registration), awarded respondent arrears of spousal maintenance MYR90,000 (36 months) and ongoing monthly maintenance MYR2,500 payable by the petitioner, ordered transfer of the matrimonial home to the respondent (transfer to be effected within 60 days of 19 March 2024), declined to order damages against the party-cited due to respondent's long delay/tolerance in asserting adultery, and o…

  • 4 Aug 2022

    PEMPETISYEN YAP SOO KEAN (p) 1. ) PHANG CHEE WAI 2. ) SIEW OOI SEONG

    Citation
    BA-33-776-11/2017 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-33-776-11/2017 (Mahkamah Tinggi)

    On the evidence the Court found the marriage had irretrievably broken down and granted a decree of judicial separation; the Court dismissed the adultery claim and claim for damages against the Co-Respondent for lack of cogent admissible evidence (private investigator report not admitted and allegations speculative); the Court assessed maintenance at RM10,000 per month and effected division/transfer of specified immovable properties and specified adjustments to company shareholdings as set out in the judgment, awarding costs RM15,000 to the Co-Respondent.