Malaysia Case Law: Decisions & Judgments

Topic

Domicile

Legal area

Court

18 Oct 2024

PEMPETISYEN Hah Tiing Siu Pamela Ling Yueh

Citation

WA-33-614-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-614-12/2023 (Mahkamah Tinggi)

The Court granted the anti-suit injunction because Malaysia is the natural forum (strongest connection via citizenship, domicile, marriage and assets), the Petitioner did not submit to Singapore jurisdiction and did not delay, and allowing Singapore proceedings would be vexatious and oppressive by precluding Malaysian jurisdiction to divide matrimonial assets under section 76 LRA; granting relief in personam did not offend comity.
28 Aug 2024

PEMPETISYEN Hah Tiing Siu Pamela Ling Yueh

Citation

WA-33-614-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-614-12/2023 (Mahkamah Tinggi)

The Malaysian court order authorising service by email and WhatsApp was not contrary to Singapore law because Singapore rules permit substituted electronic service where personal service has been tried and proved unsuccessful; the Petitioner’s agents attempted personal service twice and the Respondent received the Petition electronically and acted on it; Malaysia has jurisdiction because the parties are Malaysian and domiciled in Malaysia under the Law Reform (Marriage and Divorce) Act 1976; Malaysia is the forum with the most real and substantial connection and a stay on forum non conveniens…
8 Mar 2022

PEMPETISYEN TAN CHEE KHUAN (NRIC NO. 480805-01-5441) IVY LEE POH YOKE (Australian Passport No. E4068489)

Citation

PA-33-385-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-33-385-11/2021 (Mahkamah Tinggi)

Both parties were found domiciled in Malaysia under LRA s3(2) and relevant case law, satisfying LRA s48 requirements; consequently the Malaysian court had jurisdiction to grant divorce and ancillary relief; the Australian proceedings were prima facie vexatious/oppressive because they sought only dissolution and would deny the husband ancillary relief available in Malaysia; therefore an anti-suit injunction was appropriate and was granted after balancing injustice in favour of the petitioner.
13 Sept 2021

PEMIUTANG PENGHAKIMAN Norzi Nazri for the Respondent/Judgment Creditor [Messrs Goh Rafidah Tan] PENGHUTANG PENGHAKIMAN Sreether Sundaram and Narandra Kangatharan for the Appellant/Judgment Debtor [Messrs. Murali B Pillai & Associates]

Citation

DALAM PERKARA KEBANKRAPAN NO. WA-29NCC-626-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DALAM PERKARA KEBANKRAPAN NO. WA-29NCC-626-03/2020 (Mahkamah Tinggi)

The creditor failed to prove on the required basis that the debtor was domiciled in Malaysia or had ordinarily resided or had a dwelling house or place of business in Malaysia or had carried on business or been a member of a firm within one year before presentation of the petition as required by section 5(1)(d); accordingly the creditor had no right to present the petition and the debtor's application to set aside the petition succeeds.
23 Jul 2020

LAIN-LAIN 1. ) CHEW VEE LYN ... PETITIONER 2. ) DAVID MAURICIOUS VELEZ HERNANDEZ

Citation

WA-33-404-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-404-07/2019 (Mahkamah Tinggi)

Respondent failed to plead and prove a domicile of choice in Malaysia as required by Form 2 and relevant authorities; absence of proved domicile meant the court lacked jurisdiction under LRA s48(1)(c); procedural failures on committal service did not validate the cross-petition; accordingly the cross-petition was defective, abusive of process and struck out.

Malaysia Case Law

PEMPETISYEN Hah Tiing Siu Pamela Ling Yueh

PEMPETISYEN Hah Tiing Siu Pamela Ling Yueh

PEMPETISYEN TAN CHEE KHUAN (NRIC NO. 480805-01-5441) IVY LEE POH YOKE (Australian Passport No. E4068489)

PEMIUTANG PENGHAKIMAN Norzi Nazri for the Respondent/Judgment Creditor [Messrs Goh Rafidah Tan] PENGHUTANG PENGHAKIMAN Sreether Sundaram and Narandra Kangatharan for the Appellant/Judgment Debtor [Messrs. Murali B Pillai & Associates]

LAIN-LAIN 1. ) CHEW VEE LYN ... PETITIONER 2. ) DAVID MAURICIOUS VELEZ HERNANDEZ