Azizan Md Arshad JC:

JUDGMENT

[ENCLOSURE 84]

INTRODUCTION

[1]This Court on 22.07.2022 dismissed the Defendant’s Application [Enclosure 84] to commit the Plaintiff’s Directors to prison and allowed the Plaintiffs Application [Enclosure 86] to set aside the ex-parte order dated 25.06.2019 which allowed the commencement of the committal against the Plaintiff.

[2]An Appeal was filed by the Defendant against the decision of this Court and the parties were referred as they were in the High Court. The High Court stated the reasons why the Application was dismissed by the High Court.

The cause papers are as follows:

(i)Notice of Application dated 9.07.2022

(ii)Defendant’s Affidavit of Support sworn by Lam Yoke Lee dated 5.07.2019

(iii)Plaintiff’s Affidavit in Reply affirmed by Yong Zheng Xue dated 3.12.2019

(iv)Defendant’s Affidavit in Reply affirmed by Lum Youk Lee dated 6.01.2020

(v)Notice of Intent to use Affidavit filed for Application in Enclosure 84 and Application in Enclosure 86.

SUMMARY OF FACTS

[3]Plaintiff (Developer) and Defendant (the land owner) has entered into an agreement (JVA) to develop 117 lots of land in Mukim 9, Seberang Perai District of Penang (the land).

[4]Both parties have als