COURT OF APPEAL PUTRAJAYA
TAN BOON THIEN & ANOR – Appellant
Versus
TAN POH LEE & ORS (ENCL 81) – Respondent
| Table of Content |
|---|
| 1. context of the contempt proceedings and appellant's application. (Para 1 , 6) |
| 2. disputes regarding the deceased's estate. (Para 4 , 5) |
| 3. procedural grounds against contempt leave. (Para 15 , 16) |
[1] This is the 1st appellant's application to set aside the ex-parte order dated 25 July 2019 (Enclosure 71) granting leave to the 1st respondent to commence committal proceedings against the 1st appellant (Leave Order) and consequently, that the Notice of Motion dated 27 July 2019 (Enclosure 70) filed by the 1st respondent for an Order for committal against the 1st appellant be struck out.
[2] The relevant cause papers are as follows:
(i) Enclosure 71- Ex-Parte Order for leave for Committal Order dated 25 July 2019 (Leave Order);
(ii) Enclosure 70 - Notice of Motion dated 29 July 2019 for an order for committal;
(iii) Enclosure 81- Notice of Motion dated 6 August 2019 to set aside the Ex- Parte Order (Leave Order);
(iv) Enclosure 61 - Notice of Motion and Statement pursuant to O 52 r 3 of the Rules of 2012 dated 16 July 2019 (the Statement);
(v) Enclosure 62 - 1st Respondent's Affidavit Verifying/In Support affirmed on 16 July 2019 (the 1st Respondent's Affidavit (1));
(vi) En
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