SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



JUDGMENT

Rohani Ismail JC:

Introduction

[1] Enclosure 94 is an application by John Carleton Kelley/the Proposed Contemnor pursuant to and/or the inherent jurisdiction of the Court for the following orders:

(1) that the Ex Parte Order dated 2 April 2019 granting leave to the plaintiff to commence committal proceedings against John Carleton Kelley/the Proposed Contemnor pursuant to be set aside;

(2) that the costs of this application be paid by the plaintiff; and

(3) such further and/or other reliefs as this Honourable Court deems fit.

[2] The grounds for the Application can be summarised as follows:

(a) There are no circumstances in this case that give rise to any cause for committal proceedings to be taken out against the Proposed Contemnor;

(b) The Statement dated 21 March 2019 does not disclose sufficient grounds for the granting of the Order; and

(c) There are serious material non-disclosures on the part of the plaintiff in applying for the Order.

Decision Of The Court

[3] Having perused all the cause papers filed in this application and after considering the submissions of the parties, the Court allows the Proposed Contemnor's application in encl 94 to set aside the E

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top