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2024 MarsdenLR 255

HIGH COURT MALAYA PULAU PINANG
CHAN ENG LEONG & ANOR – Appellant
Versus
GOH CHOON KIM & ORS – Respondent


Petitioner Advocates:Karin Lim,A. Suppiah,Nicholas Lim,Khoo Ching Chiat,David Tan ,Respondent Advocate: M. Thayalan,Chong Jun Min,Lim Khai Sin,Syifa Irdina

JUDGMENT

(Five Contempt Proceedings)

Kenneth St James JC:

Prelusion

[1] One of the issues in dispute in this suit is about controlling the subject company through its directorship. The Plaintiffs are the current directors of the company. They obtained an injunction against the Defendants, who used to be the directors.

[2] The injunction prohibits the Defendants from doing any act that would affect the Plaintiffs' directorships, which would in turn pre-empt the proper disposal of this suit. The injunction also prohibits the Defendants from interfering in the management and affairs of the company.

[3] The Defendants and three other persons related to them wrote letters and performed acts that the Plaintiffs allege breached the terms of the injunction. The Plaintiffs, after getting the leave of Court, commenced contempt and committal proceedings against the Defendants and the three other non-party alleged contemnors.

[4] Should contempt and committal Orders be made against the alleged contemnors?

Preliminaries

[5] This is the Judgment on Enclosure 59-a Notice Of Application. Enclosure 59 is the Applicant-Plaintiffs' Application for contempt and committal Orders against five alleged contemnors.


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