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2025 MarsdenLR 6258
HIGH COURT MALAYA KUALA LUMPUR
CIMB BANK BERHAD – Appellant
Versus
KOK KON SANG – Respondent
[Civil Suit No: WA-24NCvC-1212-03/2024]
Court orders must be obeyed until set aside; repeated violations warrant serious sanctions, including imprisonment, to uphold judicial authority.
Headnote:(A) Rules of Court 2012 - Order 52 rule 2 - Vexatious litigant - Appellant committed 14 acts of contempt by filing legal proceedings without leave of Court, violating a prior order - The Vexatious Litigant Order prohibited the Appellant from commencing proceedings without Court permission.
Facts of the case:
The Appellant was declared a vexatious litigant on 16 July 2024, and after numerous filings within six months, the Respondent applied for contempt charges.
Findings of Court:
The Vexatious Litigant Order was valid and binding.
Issues: Whether the Appellant breached the Vexatious Litigant Order.
Ratio Decidendi: The Court affirmed its authority to enforce compliance with its orders, emphasizing that court orders must be obeyed until set aside.
Result: Appellant committed to 24 days in prison and must pay RM50,000.00 and costs of RM30,000.00.
| Table of Content |
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| 1. valid judgment on vexatious litigant order and contempt. (Para 1 , 2 , 3 , 4 , 5) |
| 2. aggravating factors warrant significant sentencing. (Para 6) |
| 3. proper service of court documents established. (Para 7 , 8) |
| 4. definition and authority regarding contempt of court. (Para 9 , 10 , 11 , 12 , 13) |
| 5. proceedings can continue in absentia under certain conditions. (Para 14 , 15 , 16 , 17) |
| 6. judicial findings support contempt ruling. (Para 18) |
| 7. determining sentencing based on conduct and history. (Para 19 , 20 , 21 , 22 , 23) |
| 8. corrective orders to enforce court authority. (Para 24) |
[1] The Appellant's notice of appeal filed at the Court of Appeal stated that he is appealing against this Court's decision on 30 April 2025. However, this Court did not deliver any decision on 30 April 2025. This case was not scheduled for mention or hearing on 30 April 2025.
[2] It referred to the Respondent's application dated 24 January 2025. If so, it is encl 53, which is the application for committal against the Applicant for contempt of Court under O 52 r 2 Rules of Court 2012 (RoC). The Appellant was not present in Court for the hearing of encl 53 on 29 April 2025. After standing the matter down to wait for the Appellant, this Court finally heard the submissions from the Respondent's counsel in support of committing the Appellant for contempt of Court. The Respondent seeks an order that the Defendant be committed to prison for wilfully and persistently breaching the Court Order dated 16 July 2024 by filing multiple legal proceedings without obtaining leave of this Court as required.
Background Facts
[3] On 16 July 2024, this Court granted an order declaring the Defendant a vexatious litigant and restraining him from commencing any legal proceedings in any Court in Malaysia without the leave of the High Court of Malaya.
The Vexatious Litigant Order specifically provided that:
(a) The Appellant is declared a vexatious litigant;
(b) The Appellant is prohibited from commencing any further legal proceedings in any Court in Malaysia except with leave of the High Court of Malaya;
(c) The above orders be gazetted;
(d) Costs of RM10,000.00 to be paid by the Appellant to the Respondent forthwith subject to allocator fees; and
(e) Liberty to apply.
[4] The Vexatious Litigant Order was duly served on the Appellant via the Respondent's solicitors' letter dated 18 July 2024. The Appellant has had knowledge of the said Order since July 2024. To date, no appeal has been filed by the Appellant against the Vexatious Litigant Order, and the Vexatious Litigant Order remains binding and enforceable.
The Alleged Acts Of Contempt
[5] Despite the clear prohibition in the Vexatious Litigant Order, the evidence before this Court established that the Appellant has committed 14 separate acts of contempt by filing legal proceedings without obtaining the required leave of the Court. These 14 acts of contempt occurred between 24 July 2024 and 6 January 2025, all after the Vexatious Litigant Order was granted and served. The details of these 14 acts of contempt are comprehensively set out in the Plaintiff's affidavits filed in support of this application and are exhibited therein. Summarily, the acts include:
(a) First to Fifth Acts of Contempt — Multiple applications in Shah Alam High Court proceedings;
(b) Sixth and Seventh Acts of Contempt — applications and appeal in this Court (WA-24NCvC-1212-03/2024);
(c) Eighth to Eleventh Acts of Contempt — multiple applications in Kuala Lumpur High Court Originating Summons No WA-24NCvC-3530-09/2024;
(d) Twelfth to Fourteenth Acts of Contempt — multiple applications in Kuala Lumpur High Court Application for Judicial Review No WA-25-219-05/2024;
Aggravating Factors
[6] Several aggravating factors make the Appellant's conduct particularly serious and warrant a significant custodial sentence:
(a) Persistence and Repetition — A Pattern of Deliberate Defiance
The Appellant committed 14 separate acts of contempt over a period o
