JUDGMENT

Abdul Hamid Mohamad JCA:

This appeal arose from the decision of the High Court in Penang (Mohd. Raus J) dated 15 August 2000 dismissing the appellant's application to commit the respondent's directors, namely Khor Kok Boon and Mohd. Dzolkefli bin Jaafar Sedik and the respondent's General Manager Khor Kok Thye for contempt of court. The respondent in the originating summons in the High Court is the company, Monatech (M) Sdn. Bhd. We allowed the appeal with costs and remitted the case back to the High Court for sentencing.

We shall refer to the company as "respondent" and the three named persons as "the contemnors".

As can be seen from the statement pursuant to O. 52 r. 2(2) of the Rules of the High Court 1980(RHC 1980) filed by the appellant, the application was based on two grounds. First, for the act of specific contempt for breach of the mareva injunction granted on 24 August 1999. Secondly, on a more general conduct of the respondent throughout the proceedings in obstructing justice and abusing the process of the court.

The learned judge did appreciate this when he said:

... Thus it appears to me that for the purpose of this committal proceeding, plaintiff (Appellant -