Ong Chee Kwan JC:

Introduction

[1] This is the judgment of the court in respect of the applicant's application under O 52 r 4 of the Rules of 2012 ("the Rules") seeking an order that the respondents be committed for contempt of court for non-compliance of the consent order dated 25 October 2019 ("consent judgment"). The applicant had obtained leave from this court to proceed with the committal application pursuant to O 52 r 3 of the Rules on 3 December 2020.

[2] The non-compliance is in relation to the failure to make payment within the time stipulated by the consent judgment.

Background Facts

[3] By a share purchase agreement dated 17 May 2017 ("share purchase agreement"), the applicant agreed to purchase from the first respondent and the first respondent agreed to sell to the applicant 6,300,000 shares ("the sale shares") in one ARL Homecomm Sdn Bhd ("ARL Homecomm"), a private limited company incorporated under the laws of Malaysia.

[4] At all material times, the first respondent is the legal and beneficial owner of the sale shares and the second respondent, a solicitor from Tetuan Abu Talib Shahrom had represented the first respondent in the share purchase agreement as the ve