Malaysia Case Law: Decisions & Judgments

Topic

Variation of court order

Legal area

Court

19 Mar 2025

FUTURE LUB SDN BHD 1. ) TAN WEN CHEN @ LAU WEN CHEN 2. ) NG GEAK INN

Citation

JA-22NCvC-205-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-205-11/2019 (Mahkamah Tinggi)

Court exercised its inherent power under O.92 r.4 to grant reliefs that effectuate the Court of Appeal order by ordering refund of the deposit RM125,000 and payment of the agreed liquidated damages RM125,000, and dismissed Plaintiff’s claims for special damages and other reliefs outside the scope of the COA order.
3 Oct 2023

WA-22IP-42-07/2020 (Mahkamah Tinggi)

Citation

WA-22IP-42-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-42-07/2020 (Mahkamah Tinggi)

The Plaintiffs’ application was dismissed because paragraph 10(i) of the APO unambiguously required the Supervising Solicitors to keep custody of data and devices until final disposal; the Plaintiffs’ proposed relief would effectively amend the sealed APO and does not fall within the limited exceptions permitting variation of a final order under the doctrine of functus officio; the Plaintiffs failed to demonstrate sufficient grounds to justify releasing custody or unsupervised access, therefore the court refused to vary the APO and dismissed the application.
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.

Malaysia Case Law

FUTURE LUB SDN BHD 1. ) TAN WEN CHEN @ LAU WEN CHEN 2. ) NG GEAK INN

WA-22IP-42-07/2020 (Mahkamah Tinggi)

CHANG WAI LING SOO CHONG LIM