JUDGMENT

Zabariah Mohd Yusof FCJ:

Introduction

[1] This is the unanimous decision of this court. On 16 October 2017, this court allowed the application for leave to appeal to the appellants/defendants, based on the following Questions of law:

(i) Where there is non-compliance of an order for the refund of monies which is a money judgment and not a judgment requiring the performance of an act, whether a court can find that there is contempt for the said non-compliance?;

(ii) where proceedings are commenced for orders under s 360 Capital Markets and Services Act 2007 ("CMSA") against a bankrupt, whether the plaintiff is obliged to obtain leave pursuant to s 8(1), Bankruptcy Act 1967 (BA); and

(iii) where committal proceedings are commenced to enforce an order made under s 360 CMSA, against a bankrupt whether the applicant is obliged to obtain leave pursuant to s 8(1), Bankruptcy Act 1967 .

Background

[2] In this judgment, we will refer to the parties, as they appear in the High court, namely, the appellants as the defendants and the respondent as the plaintiff.

[3] The first, second and fourth defendants (referred to as D1, D2 and D4 respectively) were the former directors of Cepatwawasan