Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference for non-disclosure

Legal area

Court

30 Sept 2024

LAW MAY HUI@JULIET TEE KEN PING

Citation

BA-24F-257-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24F-257-09/2023 (Mahkamah Tinggi)

Plaintiff entitled to maintenance but not the full inflated sum claimed; court applied means-and-needs assessment, found Plaintiff unable to work and previously received RM20,000 monthly, found Defendant failed to make full disclosure permitting adverse inference as to his greater means, and awarded RM20,000 per month from 4 June 2023 with arrears from filing date; costs RM8,000 awarded to Plaintiff.
6 Dec 2023

PEMPETISYEN 1. ) CHARLES LEE YONG KING 2. ) CHOONG LIN XIN

Citation

BA-33JP-1219-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33JP-1219-11/2020 (Mahkamah Tinggi)

The husband failed to discharge the legal burden to prove a material change in circumstances by a balance of probabilities because he withheld current payslips and full financial disclosure; an adverse inference under s114(g) Evidence Act 1950 was drawn against him; consequently the variation application was dismissed. However the wife's discovery application was necessary and granted because the requested payslips are relevant and in the husband's possession or control and are required to calculate and enforce the maintenance terms of the consent order. Property transfer terms could not be v…
12 Sept 2023

PEMPETISYEN CHAN SIEW CHUI 1. ) KOO BON KIL 2. ) WONG YANN SZE PIHAK TERKILAN 1. ) LEE KAR CHUN 2. ) WONG YANN PENG

Citation

BA-33-804-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-804-10/2022 (Mahkamah Tinggi)

On the factual matrix the petitioner demonstrated a bona fide serious issue to be tried and credible evidence of dissipation and intention to move assets abroad, respondent failed to make full and frank disclosure and is a real flight risk; consequently the balance of convenience favours preserving the status quo and an interlocutory injunction under s.102 LRA 1976 must be granted and interim ancillary reliefs including monthly maintenance awarded (court fixed interim maintenance at MYR 10,000) pending final determination.

Malaysia Case Law

LAW MAY HUI@JULIET TEE KEN PING

PEMPETISYEN 1. ) CHARLES LEE YONG KING 2. ) CHOONG LIN XIN

PEMPETISYEN CHAN SIEW CHUI 1. ) KOO BON KIL 2. ) WONG YANN SZE PIHAK TERKILAN 1. ) LEE KAR CHUN 2. ) WONG YANN PENG