Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Leave to apply under procedural rules
  • 26 Aug 2022

    PEMPETISYEN Young Shook Teen Low Kam Fai

    Citation
    BA-33-36-01/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-33-36-01/2022 (Mahkamah Tinggi)

    The court held it had no jurisdiction under O 18 r 19 or O 92 r 4 ROC to strike out a Notice of Intention; r 102 DMPR permits setting aside irregular proceedings including applications; prayers 19(d) and (f) did not expressly seek interim maintenance so leave under r 56(2)(a) was required, but because the defect was amendable and no injustice would be caused the court granted leave to amend the petition to include an express prayer for interim maintenance and dismissed the husband's strike out application.