Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sale of matrimonial property

Legal area

Court

26 Jul 2022

PEMPETISYEN HOO SIE YIN (P) CHEN CHEE WAH @ CHEN LOONG HENG

Citation

33-342-07/2015 (Mahkamah Tinggi)
Court

High Court
Case number

33-342-07/2015 (Mahkamah Tinggi)

The application was dismissed because it was procedurally defective in ways that caused prejudice and could not be cured, it failed to invoke the correct statutory basis to vary a consent order that required mutual consent for sale, and the affidavit evidence did not establish necessity or expediency for a court‑ordered sale; accordingly there was no basis to order sale and the application was dismissed with costs.
9 Jun 2022

LEE LAI HOON Eng Ping Yean

Citation

AA-24NCvC-72-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCvC-72-02/2022 (Mahkamah Tinggi)

The Respondent's objection to mode of application failed because he did not show any of the five circumstances in Order 46 r 2(1) that would make leave necessary; technical non‑compliance does not nullify proceedings under Order 2 and Order 1A if no substantial miscarriage of justice results; Decree Nisi and subsequent orders entitled Applicant to possession after she completed purchase and registered title; therefore a Writ of Possession in Form 87A was properly issued and Bailiff authorised to use necessary force.