5 MAY 2003

CIVIL PROCEDURE:Contempt of court - Committal proceedings - Leave to commence committal proceedings - Alleged breach of order of court - Whether proven - Whether complaints tantamount to widening scope of order of court - Whether terms of court order ambiguous - Whether there was a prima facie case of contempt for leave to be granted

CIVIL PROCEDURE:Contempt of court - Committal proceedings - Leave to commence committal proceedings - Ex parte application - Presence of alleged contemnor's counsel in an ex parte notice of motion - Whether irregular - Whether there was a prima facie case of contempt - Whether costs to be ordered against unsuccessful applicant in an ex parte application

The plaintiffs, by an ex partenotice of motion (encl. 45), applied for leave to commence committal proceedings for an alleged breach of an injunction, being an order of court dated 12 September 2002 against the defendants no. 2-6 ('the defendants') and that they be committed to imprisonment for having committed contempt of court. It was the plaintiffs' complaint that the defendants have collected thousands of ringgit by way of cash, open cheques and uncrossed third party cheques