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2025 MarsdenLR 4250

HIGH COURT MALAYA KUALA LUMPUR
AMUTHA AYAWOO – Appellant
Versus
AMADESA RESORT MANAGEMENT CORPORATION & ORS – Respondent


Petitioner Advocates:Alex Nandaseri De Silva,Smita S Lakhlani,Joshua Lawson Cowie ,Respondent Advocate: Rajan Navaratnam,Vinodhan Kuppusamy

JUDGMENT

Roz Mawar Rozain J:

[1] The Sessions Court had ruled that the 2nd Defendant was in contempt of the Consent Order dated 19 April 2023 and sentenced her to 7 days imprisonment. Before this Court , the Appellant's grouses, well presented by her learned counsel at the hearing of the arguments for her appeal against the said Sessions Court Order, are the following:

(a) The Respondents had failed to comply with the strict provisions of O 52 r 3(2) of the Rules of 2012 (RoC) as there were no sufficient or detailed particulars of the alleged contempt;

(b) There was no evidence and the Sessions Court had not applied the correct burden of proof which is beyond reasonable doubt;

(c) The Consent Order itself is ambiguous and wide;

(d) No justification for the imposition of the sentence of 7 days imprisonment in any event.

The Case At The Sessions Court

[2] On 3 April 2023 the Respondents who are the Plaintiffs at the Sessions Court (whom this Court refers to as the Plaintiffs in this Decision) filed a suit against the Appellant who was cited as the 2nd Defendant (whom this Court will refer her to as) and one Navinder Singh a/l Harban Singh, cited as the 1st Defendant. The 1st


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