Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Decree nisi interpretation
  • 28 Apr 2024

    PEMPETISYEN XXXX XXXX

    Citation
    JA-33JP-460-05/2016 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-33JP-460-05/2016 (Mahkamah Tinggi)

    The court held s.86 permits recovery of arrears in the present application; the 3-year limitation did not bar claims because arrears accrued after the petition; paragraphs (b),(c) and (e) of the Decree Nisi are separate and impose distinct obligations on PH; evidence from the prior variation application (Lampiran 10) is not weighty or admissible for this enforcement proceeding and res judicata limits re-litigation; PW failed to mitigate by not pursuing change of child's citizenship, so court awarded only one-third of certain school, tuition and medical claims; unilateral bank redemption and t…