Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Ancillary relief procedure

Legal area

Court

27 Sept 2023

PEMPETISYEN YEE YEW CHUIN LEE BEE PENG

Citation

PA-33-341-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-33-341-09/2022 (Mahkamah Tinggi)

The court held Enclosure 17 valid under Order 24 r.10 ROC 2012 to the extent that the requested financial documents are relevant to the respondent's maintenance claim and are in the petitioner's possession, custody or power; the court limited disclosure temporally from 1.1.2020 to the date of the order and territorially to documents within the court's jurisdiction, allowed pay-slips, income tax, bank statements (domestic), credit card statements, fixed deposit/unit trust details and EPF statements, and disallowed requests for documentation relating to company-owned properties and the three sp…
2 Aug 2022

PEMPETISYEN XXXX XXXX

Citation

33-1517-10/2013 (Mahkamah Tinggi)
Court

High Court
Case number

33-1517-10/2013 (Mahkamah Tinggi)

The application was dismissed because the Respondent failed to comply with mandatory procedural requirements for ancillary relief (Form 11 and full affidavit disclosure) and, on the merits, he did not prove a material change in circumstances warranting rescission of clauses 5 and 6; the fixed deposit's sufficiency was not established and the child's welfare and chosen course (UKTP) supported maintaining the trust arrangements.