Thai Kim Sim v 1. ) Tan Bee Geok 2. ) Lin Woon Fui PIHAK YANG DINAMAKAN 1. ) Tan Seah Lee 2. ) Chea Tsui Khung

wa-33-160-04-2024 High Court (Mahkamah Tinggi) 25 March 2025 • WA-33-160-04/2024 • 25 min read

15 cases cited (2 SG, 13 foreign)

Catchwords

Family law - Jurisdiction of court - Wife filing winding-up petition of company in Winding-Up Court - Both husband and wife had pleaded in their petitions for judicial separation and divorce respectively the shares of that company as matrimonial assets - Whether Family Court had jurisdiction to prevent wife from winding up company in winding up court - Whether wife had already submitted to jurisdiction of Family Court - Law Reform (Marriage and Divorce) Act 1976, section 76 Family law - Company law - Wife filing winding-up petition of company in Winding-Up Court - Both husband and wife had pleaded in their petitions for judicial separation and divorce respectively the shares of that company as matrimonial assets - Whether Fortuna injunction warranted to prevent wife from further proceeding in Winding-Up Court - Purpose of Fortuna Injunction - Whether there was abuse of the process of court - Companies Act 2016, sections 466, 442, 472 Family law - Company law - Wife filing winding-up petition of company in Winding-Up Court - Both husband and wife had pleaded in their petitions for judicial separation and divorce respectively the shares of that company as matrimonial assets - Whether quia time injunction warranted to prevent wife from further dissipating matrimonial assets until final disposal of judicial separation and divorce petition - Specific Relief Act 1950, section 50

Practice Areas

Family Law Company Law Remedies Civil Procedure

Judges (1)

Evrol Mariette Peters Delivered

Counsel (7)

Bin & Associates Firm Shang & Co. Firm Avinash Kamalanathan Counsel Respondent Chris Chin Shang Yoon Counsel Petitioner Jessica Leong Counsel Respondent Kong Yat Sen Fredric Counsel Respondent Tan Han Rui Counsel Petitioner

Parties (10)

Chea Tsui Khung Named Party Dato Seri Thai Kim Sim Petitioner H A T Named Party K A T Respondent Lin Woon Fui Respondent M A T Petitioner N A T Respondent S A T Named Party Tan Bee Geok Respondent Tan Seah Lee Named Party

Statutes Cited

Rules of Court 2012

Cases Cited (15)

SG (1)

[2016] SGCA 2

SLR (1)

[2012] 2 SLR 506

UK (1)

[1949] 1 Ch 395

MY (12)

[1987] 1 MLJ 433 [1987] MLRA 68 [1999] 5 CLJ 474 [2000] 6 MLJ 48 [2002] 1 CLJ 721 [2002] 2 MLJ 97 [2003] 4 CLJ 539 [2003] 4 MLJ 770 [2003] 6 AMR 459 [2006] 6 MLJ 179 [2008] 4 MLJ 863 [2011] 6 CLJ 782

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-33-160-04-2024)