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2004 MarsdenLR 1386

HIGH COURT MALAYA KUALA LUMPUR
HERBERT THOMAS SMALL – Appellant
Versus
ELIZABETH MARY SMALL (KERAJAAN MALAYSIA & ANOR INTERVENERS) – Respondent


JUDGMENT

Faiza Tamby Chik J:

[1] The defendant wife in her summons in chambers dated 28 July 2004 in encl(17) prayed as follows:

(i) The interim order of this honourable court dated 24 May 2005 be set aside.

(ii) The child Lucinda Anna Nicolls-Small be delivered forthwith into the custody, care and control of the defendant mother in accordance with the Australian court order dated 25 May 2004.

(iii) The child Lucinda Anna Nicolls-Small be returned forthwith to Australia.

(iv) Alternatively, that guardianship, custody, care and control of the child Lucinda Anna Nicolls-small be granted to the defendant mother, Elisabeth Mary Small.

(v) Costs of the proceedings herein be borne by the plaintiff.

(vi) Any further and/or other relief which this court deems fit and just.

[2] From the pleadings and affidavits filed in this case, the facts are that The defendant wife and the plaintiff husband were married on 11 May 1991. The daughter, Lucinda Anna Nicolls-Small ('the daughter') was born on 26 March 1992. The plaintiff husband, the defendant wife and the daughter are all Australian citizens. The plaintiff is a retired airline pilot, having retired in early 1994. The defendant wife is a qualified reg

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