Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Financial disclosure

  • 9 Oct 2024

    PEMPETISYEN G E L 1. ) P E L 2. ) M E L

    Citation
    WA-33-41-01/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-41-01/2020 (Mahkamah Tinggi)

    The second discovery application was dismissed because it was filed after unreasonable delay, sought documents that were not shown to be relevant or necessary to fairly dispose of the divorce proceedings, was excessively broad and vague, and amounted to an abuse of process; the Court of Appeal’s order in the Petitioner’s appeal did not justify imposition of reciprocal disclosure obligations against the Petitioner.

  • 8 Apr 2024

    PEMPETISYEN SHUM LAI LIN 1. ) CHEANG KIM LEONG 2. ) TEH WAN CHENG

    Citation
    AA-33-183-05/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-33-183-05/2023 (Mahkamah Tinggi)

    Petitioner entitled to interim maintenance because she is financially dependent, accustomed to a higher standard of living sustained by Respondent, and Respondent failed to make full and frank disclosure of his means; balancing Petitioner's needs with her own income and assets, the court reduced the claim from RM50,000 to a reasonable interim award of RM30,000 per month, payable monthly until further order or final disposal of the petition.

  • 17 Aug 2023

    CHANG WAI LING SOO CHONG LIM

    Citation
    BA-24F-311-11/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-311-11/2020 (Mahkamah Tinggi)

    The Respondent failed to prove on a balance of probabilities any material change of circumstances sufficient to vary custody, access or reduce maintenance: medical illness claims were unsupported by medical reports, financial disclosures were incomplete and inconsistent with his lifestyle, and his conduct showed lack of commitment to childcare; therefore the original order dated 2.3.2021 remains appropriate and the variation application is dismissed.

  • 14 Feb 2022

    PEMPETISYEN TAN AIK LING HEAH LEE PENG

    Citation
    PA-33-118-03/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-33-118-03/2020 (Mahkamah Tinggi)

    The husband failed to make full and frank financial disclosure; adverse inferences were drawn that his true means exceed the disclosed salary. Balancing the wife's demonstrated needs and the husband's means and conceded obligations, the court fixed interim personal maintenance for the wife at RM6,000 per month from March 2022 until decree nisi, ordered continuation of the car instalment for the respondent's use and continuation of the matrimonial home instalment, and ordered the husband to pay the daughter's education expenses in Japan when she pursues higher education.

  • 7 Jan 2020

    LZT ...RESPONDENT LAIN-LAIN YWS ...PETITIONER

    Citation
    WA-33-570-09/2016 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-570-09/2016 (Mahkamah Tinggi)

    Court found a material change in circumstances based on the combination of the respondent company's continued losses reducing the husband's income and the petitioner's receipt of over RM4 million post-Decree Nisi such that it was reasonable to reduce the monthly cash child maintenance from RM10,000 to RM4,000 (RM2,000 per child) while retaining the respondent's obligation for education, medical and dental expenses; respondent's disclosure and oral examination were adequate.