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2013 MarsdenLR 249

HIGH COURT MALAYA PULAU PINANG
LEE LAY LING – Appellant
Versus
GOH KIM NAM (CHEAH PEI CHING CO-RESPONNDENT) – Respondent


Table of Content
1. application for committal due to non-payment (Para 1 , 1 , 2 , 3)
2. court observations on procedure and jurisdiction for contempt (Para 4 , 7 , 9 , 11)
3. arguments for contempt proceedings and responses (Para 5 , 6 , 10 , 13)
4. legal principles relating to contempt proceedings (Para 8)
5. contrast of conflicting legal cases on contempt (Para 12)
6. distinguished application of contempt in monetary judgments (Para 14)
7. substance over form in ruling on contempt (Para 15 , 16 , 17)
8. ratio decidendi on enforcement of monetary judgments (Para 18 , 19 , 25 , 27)
9. specificity required for contempt and enforcement (Para 20 , 21 , 22)
10. monetary obligations and committal definition (Para 23 , 24)
11. unclear future of conflicting principles on contempt (Para 26)
12. evidential requirements for willful contempt (Para 28 , 29)

[1] This is an application for committal by the petitioner/wife against the respondent/husband which is predicated on the latter's failure to make various payments as ordered by the court in the course of matrimonial proceedings. The sole issue that arises in this matter is whether a failure or refusal by a party to comply with an order of court to mak

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