1. ) SARASWATHI A/P PREMAN 2. ) MURTHY A/L RAJAMANICKAM v Jabatan Pendaftaran Negara (JPN)
Catchwords
Civil Procedure — Discontinuance of action — Originating Summons — Application to discontinue proceedings — Whether leave of court required — Respondent not consenting to discontinuance — Notice of discontinuance filed without leave — Irregularity — Court treating notice as application for leave — Order 21 rr 2, 3 Rules of Court 2012 Civil Procedure — Discontinuance of action — Leave to file fresh action — Whether liberty to file afresh should be granted — Proceedings at advanced stage — No hearing conducted — No judgment reserved — No interlocutory advantage obtained — Evidentiary deficiency capable of cure — Child’s paternity and identity — Welfare considerations — Order 21 rr 3, 4 Rules of Court 2012 Civil Procedure — Discontinuance of action — Subsequent action — Whether discontinuance constitutes bar to future proceedings — General rule preserving right to commence fresh action — Court’s power to impose contrary term — Order 21 r 4 Rules of Court 2012 Civil Procedure — Costs — Discontinuance by applicant — Advanced stage of proceedings — Respondent having filed affidavit, submissions and authorities — Whether costs should follow event — Applicants ordered to pay costs occasioned by discontinued proceedings — Order 21 r 3(1), Order 59 rr 1(2), 3(2) Rules of Court 2012 Civil Procedure — Stay of subsequent proceedings — Fresh action for same or substantially same cause — Stay pending payment of costs from discontinued proceedings — Order 21 r 5 Rules of Court 2012 Practice and Procedure — Originating Summons — Registration of birth — Entry of father’s particulars in birth register — Alleged paternity of deceased father — Child born after customary marriage not registered under civil law — Births and Deaths Registration Act 1957 Family Law — Legitimacy — Paternity — Registration of father’s particulars — DNA evidence — Declaratory order of paternity — Whether evidentiary deficiency capable of being remedied in fresh proceedings
Practice Areas
Judges (1)
Judgment
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