Introduction

[1] The parties will be referred to like what they were referred to at the High Court. Thus, Israq Holding Sdn Bhd (382287-H) will be referred to as the petitioner while Gulf Business Construction (M) Sdn Bhd (307134-P) will be referred to as the respondent.

The Facts And The Analysis Thereto

[2] On 3 June 2005, the petitioner as the plaintiff in the originating summons no: D2-24-123-2005 obtained an order against the respondent who was the second defendant in that originating summons and against Tetuan Par Govind & Co who was the first defendant in that originating summons directing them to jointly and severally release and refund to the petitioner the trust money of RM504,000 together with the interest accrued thereto, if any. That Court order can be seen at p 46 to 48 of the appeal record at Jilid 2.

[3] The Court order dated 3 June 2005 has not been set aside nor varied. It remains as a Court order and it is contempt to disobey an order of the Court. It is no answer to an action for contempt to argue that the Court order should not have been made. The correct course to take would be to challenge the Court order by applying to have it set aside. In