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…