Yew Huoi, How & Associates | Leading Malaysia Law Firm

CUSTODY OF CHILDREN AND MAINTENANCE

CUSTODY OF CHILDREN AND MAINTENANCE – SUMMARY OF THE LATEST DECISION OF THE HIGH COURT

CUSTODY OF CHILDREN AND MAINTENANCE – Summary of the latest decision of the high court

Khoo Boon Chin v Alice Tan Ling Mei [2020] 7 MLJ 437

  • The petitioner (“the husband“) filed a petition against the respondent (“the wife“) to end a marriage of 11 years. They have 2 children, a daughter (11 years old) and a son (4 years old)
  • Reason of divorce: Marriage had irretrievably broken down. The wife was a highly strung person with a short temper, erupted in bouts of violence which had been directed to the daughter and accused the husband of having an affair.
  •  The wife sought for:

i) Custody of both children / alternatively custody of the son;
ii)
An order for sale of the 2 matrimonial properties and the proceeds to be divided equally; and/or
iii) The husband to pay a lump sum of RM30,000 as maintenance.

Whether the wife is entitled to custody of both children?

No.

  • The wife was the cause of the daughter’s psychiatric condition. Since the daughter was terrified of her mother, it was not safe for her to be in the mother’s custody.
  • The son was not of an age to express an independent opinion on whether he wishes to be in the mother’s custody.
  • The welfare of the children is the paramount consideration. It would be disruptive to separate both of the children since they are now in a stable environment of family life and school.
  • The wife works late hours (8pm – 4am) at karaoke places and bars where alcohol is available and is unable to control her emotions especially when she was drunk.

Whether matrimonial property subject to division?

No.

  • No evidence to show that the wife had contributed towards the deposit / purchase price of the 1st property.
  • The wife could not identify the location of the 1st property.
  • 2nd property was acquired before marriage. The wife had not done any ‘substantial improvement’ to the 2nd property (‘substantial improvement’ DOES NOT include payment of maintenance fees, electricity, water bills and other utilities).

Whether the wife is entitled to lump sum of maintenance?

No.

  • The wife did not file any reply or pleadings in the petition. This shows that the wife was not serious in pursuing the claim of lump sum maintenance. The demand for maintenance is an afterthought.
  • The offer by the husband to pay the wife a sum of RM30,000 by way of instalments (RM500 per month) is a fair and reasonable offer.

 

Sorotan Terkini

JURISDICTION – CHOOSING THE RIGHT COURT: THE SEA JUSTICE CASE HIGHLIGHTS WHERE MARITIME DISPUTES SHOULD BE HEARD

In The Sea Justice cases [2024] 2 Lloyd’s Rep 383 and [2024] 2 Lloyd’s Rep 429, the Singapore courts tackled a key question: which country should handle a maritime dispute when incidents span international waters? After examining the location of the collision, existing limitation funds in China, and witness availability, the courts concluded that China was the more appropriate forum. This ruling highlights that courts will often defer to the jurisdiction with the closest ties to the incident, ensuring efficient and fair handling of cross-border maritime disputes. This approach is also relevant in Malaysia, where similar principles apply.

Read More »

BREACH OF CONTRACT – FORCE MAJEURE – FORCE MAJEURE UNPACKED: WHEN ‘REASONABLE ENDEAVOURS’ DON’T BEND CONTRACT TERMS

The UK Supreme Court clarified the limits of force majeure clauses, ruling that “reasonable endeavours” do not require a party to accept alternative performance outside the agreed contract terms. This decision emphasizes that force majeure clauses are meant to uphold, not alter, original obligations – even in unexpected circumstances. The case serves as a reminder for businesses to define alternative options explicitly within their contracts if flexibility is desired.

Read More »

NEGLIGENCE – MEDICAL NEGLIGENCE – HOSPITAL ACCOUNTABILITY REINFORCED: COURT UPHOLDS NON-DELEGABLE DUTY IN MEDICAL NEGLIGENCE

In a landmark ruling, the court reinforced the hospital’s non-delegable duty of care, holding that even when services are outsourced to independent contractors, the hospital remains accountable for patient welfare. This decision emphasizes that vulnerable patients, reliant on medical institutions, must be safeguarded against harm caused by third-party providers. The ruling ultimately rejected the hospital’s defense of independence for contracted consultants, underscoring a high standard of duty owed to patients.

Read More »

CONTRACTS – CONTRACT FOR THE SALE OF GOODS FOB – REMOTENESS OF DAMAGES IN BACK-TO-BACK CONTRACTS – COURT DEFINES LIMITS ON LIABILITY

In a complex dispute involving back-to-back contracts, the court clarified the boundaries for assessing damages, emphasizing that a chain of contracts does not automatically ensure liability passes through. Although substantial losses resulted from delays and disruption, the court highlighted the importance of the remoteness of damages, noting that each contract’s unique terms ultimately limited liability. This decision emphasise the need for parties in chain contracts to carefully define indemnity and liability provisions, as damages are assessed based on foreseeability rather than simply the structure of linked agreements.

Read More »

TORT – BREAKING CONFIDENTIALITY – COURT CRACKS DOWN ON INSIDER LEAKS AND CORPORATE CONSPIRACY

In a recent ruling on corporate confidentiality, the court held two former employees liable for disclosing sensitive business information to a competitor, deeming it a breach of both employment contracts and fiduciary duties. This case highlights the serious consequences of unauthorized sharing of proprietary data and reinforces that such disclosures can lead to substantial legal and financial repercussions, even for the receiving parties if they knowingly benefit from confidential information.

Read More »
ms_MYMY
× Hubungi Kami