1. ) LAI KIEN FONG 2. ) IVY PHOONG MEI HUI
Catchwords
Family law — Divorce — Variation of decree nisi — Children — Maintenance and expenses — Cost of care — Domestic helper — Death of grandparents — Updated factual circumstances — Further affidavit Civil procedure — Affidavits — Additional affidavit — Supplementary affidavit — Filing after affidavit exchange closed — Whether leave required — Order 32 r 13(2) Rules of Court 2012. Civil procedure — Inherent jurisdiction — Order 92 r 4 Rules of Court 2012 — Whether Court may admit further affidavit to prevent injustice — Procedural discipline versus substantive justice. Civil procedure — Discretion — Admission of further evidence — Supervening events — Whether affidavit introduces new case — Whether confined evidential update — Material relevance. Civil procedure — Prejudice — Procedural prejudice distinguished from merits — Whether prejudice curable by leave to reply — Case management control. Practice and procedure — Interlocutory application — Late affidavit — Leave of Court — Governing principles — Controlled departure from procedural timelines — Balance between finality and accurate adjudication — Costs in the cause.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-33jp-47-03-2019)