HIGH COURT MALAYA KUALA LUMPUR
TAN KANG HO – Appellant
Versus
MAO SHENG MARKETING (M) SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. consent orders require specific compliance. (Para 1 , 2 , 3) |
| 2. arguments presented by parties informed the court's decision. (Para 34 , 35 , 36) |
| 3. the interpretation of law surrounding contempt applications. (Para 38 , 49 , 50) |
| 4. final verdict was a dismissal of the application. (Para 73) |
(Court Encl Nos 31 And 38)
A. Introduction
[1] This case discusses whether a party to a consent order may enforce a consent order by way of contempt of Court proceedings when:-
(a) there is no tendency to interfere with the due administration of justice or to subvert the course of justice in connection with legal proceedings;
(b) there is no necessity to maintain or vindicate the authority of the Court;
(c) the applicant for committal proceedings (Applicant) did not comply with certain "procedural safeguards" which are intended to protect the alleged contemnor; and
(d) there is an alternative avenue for the Applicant.
B. Background
[2] The Applicant is an individual who has filed this suit (This Suit) on 16 January 2013 against the following parties:
(a) the first and second defendant companies (1st and 2nd Defendants); and
(b) the third to fifth individual defendants (
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