Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Consent order breach

  • 23 Jul 2025

    Andrew Gregory Sewell Low Huei Ying

    Citation
    WA-24F-245-07/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-245-07/2022 (Mahkamah Tinggi)

    Order 52 governs committal leave and the Plaintiff's Order 52 statement met the required particularity; Order 29 requirements were inapplicable; service on the Defendant's solicitors was justifiable in the factual context; the Defendant wilfully breached the Consent Order by enrolling the child during the Plaintiff's access times and was therefore in contempt; appropriate relief was to dismiss the set aside application, allow the committal application, reprimand the Defendant and award costs to the Plaintiff, with no further sanction given her parental status.

  • 23 Jul 2025

    LOW HUEI YING ANDREW GREGORY SEWELL

    Citation
    WA-24F-216-06/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-216-06/2022 (Mahkamah Tinggi)

    Order 52 is the governing framework for committal leave; the defendant's Order 52 statement sufficiently particularised breaches, service on the plaintiff's solicitors was justifiable and not prejudicial, and the plaintiff's unilateral enrollment of the child in school that curtailed the defendant's court-ordered access constituted a deliberate, wilful breach of the consent order amounting to contempt. The application to set aside was dismissed and the committal application was allowed; sanction limited to a formal reprimand and costs given mitigating considerations (motherhood).