Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Paternity/dna testing

  • 24 Mar 2025

    PEMPETISYEN L E N (F) 1. ) P E N 2. ) Y E N

    Citation
    WA-33-419-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-419-08/2023 (Mahkamah Tinggi)

    The Application to Intervene was allowed because the Proposed Intervener, as next friend, demonstrated a prima facie proprietary/pecuniary interest of the Child in the TR Property that would be directly affected by the matrimonial proceedings; the Respondent's failure to reply to the petition and his withdrawal from an agreed DNA test justified an adverse inference and supported intervention; under Rule 83 and Order 15 r6(2)(b)(ii) the court may add the Child's next friend to protect the Child's rights without deciding substantive trust issues at interlocutory stage.

  • 24 Mar 2025

    PEMPETISYEN L E N (F) 1. ) P E N 2. ) Y E N

    Citation
    WA-33-419-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-33-419-08/2023 (Mahkamah Tinggi)

    The Proposed Intervener was permitted to be joined because prima facie evidence indicated the Child’s proprietary and pecuniary interests in the TR Property that would be directly affected by the matrimonial proceedings, the Respondent’s failure to reply amounted to an admission supporting that prima facie case and his refusal to undergo DNA testing justified an adverse inference; intervention under procedural rules was therefore proper to protect the Child’s rights without pre-judging substantive trust issues.