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2021 MarsdenLR 1345

HIGH COURT MALAYA PULAU PINANG
CHAN ENG LEONG & ANOR – Appellant
Versus
GOH CHOON KIMN & ORS (ENCLS 70 & 59) – Respondent


Petitioner Advocates:Karin Lim,A. Suppiah,Nicholas Lim,Maegen Seah ,Respondent Advocate: Wong Chong Wah,M Thayalan,Wong Chun-keat,Chong Jun Min

JUDGMENT

(Lampiran 70 dan Lampiran 59)

Wong Hok Chong JC:

Introduction

[1] There were 2 applications before me. These applications follow an ex parte order dated 5 June 2020 granting the first (P1) and second (P2) plaintiffs ("Applicants") leave to apply for an order of committal against the proposed contemnors ("Leave").

Proposed Contemnors

[2] The proposed contemnors were the first (D1) and second (D2) defendants and 4 other non-parties, namely:

(a) Goh Kim Heong ("GKH") - he is D1 and D2's nephew;

(b) Goh Choon Seang ("GCS") - he is the D1's brother;

(c) Goh Kooi Cheng ("GKC") - she is the D1 and D2's daughter; and

(d) Sinar Suria Forwarding & Shipping Sdn Bhd ("Sinar Suria") - they are a freight forwarding company with a long-standing business relationship with the third defendant (D3).

(Collectively referred to as the "Proposed Contemnors")

The 2 Application

[3] There 2 applications were:

(1) The Applicants' application, having obtained Leave, for an order of committal against the Proposed Contemnors (Encl 59); and

(2) The Proposed Contemnors' application to set aside the Leave (Encl 70).

Decision

[4] As the issues in the 2 applications overlapped substantially, I heard them together. After he


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