YAP TEAK SING LAI MING CHUN @ LAI POH LIN

YAP TEAK SING LAI MING CHUN @ LAI POH LIN

Leave obtained ex parte was properly set aside due to failure to disclose material facts arising after the Tribunal decision (independent expert confirmation and High Court finding of rectification); once leave is set aside the committal application is redundant and cannot proceed; strict compliance with Order 52 is mandatory.

Citation
WA-11ANCvC-58-09/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Yap Teak Sing; Respondent/defendant: Lai Ming Chun @ Lai Poh Lin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 February 2025
Case Number
WA-11ANCvC-58-09/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (committal Leave) / Judgment on Appeal in High Court
Outcome
Appeal dismissed
Legal Topics
Committal Proceedings, Ex Parte Leave, Non Disclosure of Material Facts, Order 52 Rules of Court 2012, Costs
Source Language
Malay/English
Civil Procedure Strata Law Enforcement of Tribunal Orders Committal Proceedings Ex Parte Leave Non Disclosure of Material Facts Order 52 Rules of Court 2012 Costs

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Parties

Yap Teak Sing

Appellant/plaintiff

Lai Ming Chun @ Lai Poh Lin

Respondent/defendant

Procedural Posture

Civil Appeal (committal Leave) / Judgment on Appeal in High Court

Legal Issues

  1. 1 Whether ex parte leave for committal should be set aside for non-disclosure of material facts occurring after the Tribunal decision
  2. 2 Whether a committal application becomes academic once leave is set aside
  3. 3 Whether strict compliance with Order 52 Rules of Court 2012 is required in committal applications

Ratio Decidendi

Leave obtained ex parte was properly set aside due to failure to disclose material facts arising after the Tribunal decision (independent expert confirmation and High Court finding of rectification); once leave is set aside the committal application is redundant and cannot proceed; strict compliance with Order 52 is mandatory.

Court Disposition

Appeal dismissed

Orders

  • Both appeals dismissed
  • Costs awarded RM3,000