HIGH COURT MALAYA KUALA LUMPUR
MUHAMMAD SAID AMIN – Appellant
Versus
HASZERI HUSSIN (ENCL 31) – Respondent
| Table of Content |
|---|
| 1. consent judgment requirements and violations (Para 1 , 1 , 2 , 3 , 4) |
| 2. court's analysis on compliance and contempt (Para 5 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. arguments against committal application (Para 6 , 18 , 19) |
[1] This is the Plaintiff's Notice of Application ("Application") under O 52 of the Rules of 2012 (" ROC ") for an Order of Committal against the Defendant for non-compliance with and failure to comply with the Consent Judgment dated 22 October 2011 (" or the Consent Order") which was previously granted by the Kuala Lumpur High Court.
Brief Facts
[2] On 22 October 2011 a Consent Judgment was recorded by the Court for the dispute between the Plaintiff and Defendant in this action as follows:
(a) The Defendant is required to redeem the property known as No. 43, Jalan Manja 5, Villa Manja, Sunway SPK Damansara, Bandar Manjalara, Kuala Lumpur ("the Property") from Ambank (M) Berhad ("Ambank"); and
(b) the Defendant is required to complete the transfer of title within the period of 12 months from the date of the Court Judgment.
[3] By way of a background, the Plaintiff, an Indonesian national, had previously appointed the Defendant, as his trus
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