CHUAN SENG HUAT v LEE TZIN TZIN
Catchwords
The requested documents are related to both pleadings and are relevant to the claims. The application by the RW has merits as it fulfilled the requirements under O 24 of the ROC 2012. The documents referred to are stated in the affidavits and pleadings. The application for discovery of documents under O 24 r 10 of the ROC 2012 is applied to documents referred to in the affidavit and pleadings. If the application was made to support a witness statement, not to support an affidavit or RH’s pleadings, it can be said it amounts to a fishing expedition. This Court is therefore satisfied that based on the facts of the case and also the pleadings of the Divorce Petition, the bank statements/accounts would avail the Court and the RW for a proper examination of the PH’s financial capacity, which is: “a material statement averred in the divorce petition in relation to the PH’s financial standing”
Practice Areas
The requested documents are related to both pleadings and are relevant to the claims. The application by the RW has merits as it fulfilled the requirements under O 24 of the ROC 2012. The documents referred to are stated in the affidavits and pleadings. The application for discovery of documents under O 24 r 10 of the ROC 2012 is applied to documents referred to in the affidavit and pleadings. If the application was made to support a witness statement, not to support an affidavit or RH’s pleadings, it can be said it amounts to a fishing expedition. This Court is therefore satisfied that based on the facts of the case and also the pleadings of the Divorce Petition, the bank statements/accounts would avail the Court and the RW for a proper examination of the PH’s financial capacity, which is: “a material statement averred in the divorce petition in relation to the PH’s financial standing”
Judges (1)
Parties (2)
Case Significance
CHUAN SENG HUAT v LEE TZIN TZIN is a High Court (Mahkamah Tinggi) decision dated February 18, 2025 (citation: pa-33-328-08-2023). The case was decided by Azizan bin Md. Arshad.
What was the outcome of CHUAN SENG HUAT v LEE TZIN TZIN?
CHUAN SENG HUAT v LEE TZIN TZIN is a High Court decision dated February 18, 2025. The case was heard by Azizan bin Md. Arshad. See the full judgment for details.