Augustine Paul JCA:

[1] On 26 July 2001, the appellants obtained an order of court against the respondents for a direction that the Register of Members of Lo Mu Sen & Sons Sdn Berhad ('the Register of Members') be rectified pursuant to s 162 of the Companies Act 1965 by striking out the name of Loh Eng Wah therefrom as the holder of 161 shares of the said company numbered under share certificates 0050 to 0053 both inclusive. It must be observed that it did not specify the time within which the Register of Members must be rectified. The order of court was duly extracted and served on the respondents' solicitors on 15 October 2001. The respondents did not inform the appellants whether they have rectified the Register of Members as ordered. The appellants then realised that the order of court had been breached as the shares in question had been transferred to the second respondent on or about September 2002. This prompted the appellants to consider filing an application for leave to commence committal rjroceedings against the persons responsible for breaching the order of court. However, they realised that they were hampered by the absence of a penal notice in the order of cour