JUDGMENT (No 4)

(Enclosure 191 - Heard On Opposed Ex Parte Basis)

Ong Chee Kwan J:

Introduction

[1] This judgment deals with an application by the Defendant for leave to commence committal proceedings in respect of an alleged breach of an order of this Court prohibiting the Plaintiff to "deal with or otherwise dispose of' certain shares pending the hearing by the Court of Appeal of the Defendant's appeal against the decision of this Court that the Defendant transfers the said shares to the Plaintiff.

[2] Although the Rules of Court 2012 provides for the application to be made ex parte, this Court directed the Defendant to serve the same on the alleged contemnors and for the hearing to proceed on an opposed ex parte basis (See: Dato' Oon Ah Baa & Ors v. Eagle & Pagoda Brand Teck Aun Medical Factory & Ors; 2003 MarsdenLR 1870 ; Dato' Sri Andrew Kam Tai Yeow v. Tan Sri Dato' Kam Woon Wah & Ors).

[3] At the leave stage, the Defendant must demonstrate to this Court that he has a prima facie case or a case to be answered by the alleged contemnors for the Court to grant leave. Upon hearing oral submissions from counsel, this Court dismissed with costs the application filed by th