8 Dec 2023
PEMPETISYEN LIOW KENG LUAN 1. ) TAN SI HAI @ TAN SI YEN 2. ) ELAINE SEAH LI HUEI
- Citation
- WA-33-205-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-33-205-04/2023 (Mahkamah Tinggi)
The court held that 'molestation' under s103 includes non-physical harassment and that, on the facts, the petitioner suffered harassment and distress sufficient to justify a non-molestation injunction; the court also held it had jurisdiction (under Civil Law Act s3(1)(a), English common law precedents and the Rules of Court inherent powers) to exclude the respondent from the Bukit Damansara residence pending the judicial separation, and on balance of convenience granted the injunction and a limited exclusion subject to a narrow weekly access window for the respondent.