Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Ex-parte application

  • 16 Feb 2021

    Mohd Jasmi Bin Omar Khalijah Binti Hasnan

    Citation
    BA-B52NCvC-305-10/2018 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BA-B52NCvC-305-10/2018 (Mahkamah Sesyen)

    The application to set aside the ex-parte committal order is dismissed because the substituted service order of 12.10.2020 was validly granted and effected, the judgment dated 20.2.2020 was personally served (and solicitors had notice), the defendant effectively evaded service, and the defendant's attempt to annul the substituted service by collateral attack was impermissible; therefore the committal process and prior orders stand, with costs awarded to the plaintiff.

  • 2 Sept 2020

    Serenah Lee Siow Fah Esther Ong Tengku Saiful & Sree

    Citation
    BA-12ANCVC-207-12/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-12ANCVC-207-12/2019 (Mahkamah Tinggi)

    The High Court held that the plaintiff established a good arguable case based on the defendant's statutory declaration and demonstrated a real risk of dissipation from the defendant's subsequent conduct; non-disclosure of accounting/audit material was immaterial at this interlocutory stage; the freezing order was not oppressive because the defendant admitted having other income; the injunction was varied to restrain RM 494,000.00 only until the disposal of the underlying Session Court action rather than until full disposal of any execution proceedings, and other terms of the Sessions Court or…