Malaysia Case Law: Decisions & Judgments

Topic

Variation of order

Legal area

Court

28 Jun 2024

Chen Teck Shin Foo Chi Mei BUKAN PIHAK-PIHAK TANG POOI FUN

Citation

WA-24F-262-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-262-07/2022 (Mahkamah Tinggi)

Defendant proved beyond reasonable doubt that the Plaintiff wilfully breached clear terms of the Court Order on multiple occasions (failure to return children as scheduled, refusal to disclose police report, prolonged retention of passports) amounting to contempt; accordingly contempt established and a monetary fine with conditional imprisonment was imposed.
16 Feb 2023

Simon John Clark Goh Hui Li

Citation

WA-24F-103-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-103-05/2020 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities any material change in circumstances since the original Order; allegations of parental alienation were unsubstantiated and many incidents predated the Order; timing and nature of the application indicated an improper attempt to appeal by variation; therefore no variation was justified and the application is dismissed with costs.
24 Sept 2020

MOHAMAD ZAINOL BEGUM BIN AHMAD HADJA (NO. K/P: 580502-07-5779) 1.MUMTHAJ BEGUM BINTI ABDUL RAZAK (630801-10-8350) 2. MOHAMAD MAZLAN BIN MOHAMAED MUSADIQ (NO. K/P: 930310-14-5629) 2. KUMARAGURU A/L MANOKARAN (NO. K/P: 830821-14-6027)

Citation

22NCC-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

22NCC-1-01/2019 (Mahkamah Tinggi)

The court found paragraph 3 contained an omission by failing to identify the specific property subject to caveat removal; the parties' objectively ascertainable intention at the time was that the plaintiff remove the caveat existing then, which was on the first defendant's property. The omission was a slip in expression correctable under the slip rule/inherent jurisdiction, therefore the amendment to specify Hakmilik HSM 2647 Lot PT432 Jalan Ampang was allowed and the application was granted with costs RM3,000.

Malaysia Case Law

Chen Teck Shin Foo Chi Mei BUKAN PIHAK-PIHAK TANG POOI FUN

Simon John Clark Goh Hui Li

MOHAMAD ZAINOL BEGUM BIN AHMAD HADJA (NO. K/P: 580502-07-5779) 1.MUMTHAJ BEGUM BINTI ABDUL RAZAK (630801-10-8350) 2. MOHAMAD MAZLAN BIN MOHAMAED MUSADIQ (NO. K/P: 930310-14-5629) 2. KUMARAGURU A/L MANOKARAN (NO. K/P: 830821-14-6027)