3 TWO SQUARE SDN BHD 1. ) PERBADANAN PENGURUSAN 3 TWO SQUARE 2. ) YONG SHANG MING 3. ) XXXX 4. ) Ir Yap Yee Hock

3 TWO SQUARE SDN BHD 1. ) PERBADANAN PENGURUSAN 3 TWO SQUARE 2. ) YONG SHANG MING 3. ) XXXX 4. ) Ir Yap Yee Hock

The application for committal was dismissed because the High Court judgment was ambiguous as to specific obligations alleged to have been breached, the Plaintiff failed to prove contempt beyond reasonable doubt, the application was not bona fide and there was inordinate delay in enforcement; ambiguities resolved in favour of the alleged contemnors.

Citation
22NCVC-586-10/2013 (Mahkamah Tinggi)
Parties
Plaintiff: 3 TWO SQUARE SDN BHD; Defendant: PERBADANAN PENGURUSAN 3 TWO SQUARE; Defendant: FOO ANN WAN; Defendant: HOOI YOU VON; Defendant: LOH KIM TONG @ WONG AH WAH; Defendant: LIM E @ LIM HOON NAM; Defendant: TAN CHING WEI; Defendant: ONG POO LIAN; Defendant: DR. ABDUL AZIZ BIN HJ KECHIL; Defendant: IR. YAP YEE HOCK
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 May 2025
Case Number
22NCVC-586-10/2013 (Mahkamah Tinggi)
Procedural Posture
Civil Committal for Contempt Arising From Mandatory Injunction and Property Management / Judgment on Application for Committal (high Court)
Outcome
Plaintiff's application for committal dismissed
Legal Topics
Committal, Mandatory Injunction, Ambiguity of Court Orders, Burden and Standard of Proof, Delay and Bona Fides
Source Language
Malay/English
Civil Procedure Contempt of Court Injunctions Property/strata Management Committal Mandatory Injunction Ambiguity of Court Orders Burden and Standard of Proof +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

3 TWO SQUARE SDN BHD

Plaintiff

PERBADANAN PENGURUSAN 3 TWO SQUARE

Defendant

FOO ANN WAN

Defendant

HOOI YOU VON

Defendant

LOH KIM TONG @ WONG AH WAH

Defendant

LIM E @ LIM HOON NAM

Defendant

TAN CHING WEI

Defendant

ONG POO LIAN

Defendant

DR. ABDUL AZIZ BIN HJ KECHIL

Defendant

IR. YAP YEE HOCK

Defendant

Procedural Posture

Civil Committal for Contempt Arising From Mandatory Injunction and Property Management / Judgment on Application for Committal (high Court)

Legal Issues

  1. 1 Whether the Defendants committed contempt by breaching paragraphs 1 and 2 of the High Court judgment dated 22/6/2017
  2. 2 Whether the High Court judgment was sufficiently specific to found committal
  3. 3 Whether the Plaintiff discharged the burden and standard of proof required for contempt (beyond reasonable doubt)

Ratio Decidendi

The application for committal was dismissed because the High Court judgment was ambiguous as to specific obligations alleged to have been breached, the Plaintiff failed to prove contempt beyond reasonable doubt, the application was not bona fide and there was inordinate delay in enforcement; ambiguities resolved in favour of the alleged contemnors.

Court Disposition

Plaintiff's application for committal dismissed

Orders

  • Application for committal dismissed
  • Plaintiff to pay costs of RM10,000