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2015 MarsdenLR 358

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)
Wong Kian Kheong JC:

(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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