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1984 MarsdenLR 168

WAN MOHAMED
TIU SHI KIAN – Appellant
Versus
RED ROSE RESTAURANT SDN.BHD. – Respondent


Advocates:
For the plaintiffs Joseph Tang (G. Math with him); M/s. Shelley Yap Leong Tseu Chong Chia & Co.
For the defendants C. I. Robertson; M/s. Skinner Lind Robertson Pang Willie & Co
For the respondents Lim Kean Chye (Joseph Lee with him); M/s. Joseph Lee & Co

JUDGMENT

Wan Mohamed J:

This is an appeal against my decision where I find the three respondents, namely, (1) Albert Teo, (2) Datuk Hong Kim Sui and (3) David U Kwok Fai guilty of committing a Court contempt by openly defying a Court order dated 14 March 1983. This is a civil Court contempt proceeding brought about by the plaintiff applicants, namely, (1) Tiu Shi Kian, (2) Chan Jin Hong.

Briefly, the facts are as follows. On 24 November 1982, the applicants made an ex parte application praying for an order that Red Rose Restaurant by their servants or agents or otherwise be restrained from:-

(a) disturbing the applicant's quiet use and enjoyment of the Hotel Shangrila Night-club and Restaurant and the equipment, furniture and fixtures therein;

(b) removing the equipment, furniture and fixtures, therein.

This application was heard on the same day and I granted only an interim injunction to cover for the period from 24 November 1982, until the return date. I fixed the return date on 10 December 1982, for the purpose of hearing arguments from both sides. In short, this interim injunction was granted solely to maintain the status quo of the parties pending argument and hearing of both

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