1. ) Goh Choon Kim 2. ) Ong Ah Poh 3. ) Goh Choon Seang 4. ) Goh Kim Heong 1. ) Chan Eng Leong 2. ) Chong Bee Choo

1. ) Goh Choon Kim 2. ) Ong Ah Poh 3. ) Goh Choon Seang 4. ) Goh Kim Heong 1. ) Chan Eng Leong 2. ) Chong Bee Choo

The Court of Appeal affirmed the High Court: the injunction's material terms were clear, notice of the order was imputable to the alleged contemnors through their solicitors, and the letters and termination steps taken by Goh, Ong, Goh Choon Seang and Goh Kim Heong breached the injunction and thereby constituted contempt proven beyond reasonable doubt; by contrast, Goh Kooi Cheng was acquitted because the plaintiffs failed to prove beyond reasonable doubt that she signed the impugned indemnity and unlawfully interfered with company affairs.

Citation
P-02(IM)(NCvC)-490-03/2024 (Mahkamah Rayuan)
Parties
Appellant/alleged Contemnor: Goh Choon Kim; Appellant/alleged Contemnor: Ong Ah Poh; Appellant/alleged Contemnor: Goh Choon Seang; Appellant/alleged Contemnor: Goh Kim Heong; Respondent/plaintiff: Chan Eng Leong; Respondent/plaintiff: Chong Bee Choo; Respondent in Appeal 642 / Former Employee / Alleged Contemnor: Goh Kooi Cheng; Corporate Defendant / Subject Company: Global Tobacco Manufacturers (International) Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
7 February 2025
Case Number
P-02(IM)(NCvC)-490-03/2024 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal From High Court Committal for Contempt of Court and Related Interlocutory Orders / Court of Appeal Judgment on Appeals Against High Court Committal Order (appeals Disposed)
Outcome
Both appeals dismissed; High Court committal order affirmed in part and acquittal of Goh Kooi Cheng upheld
Legal Topics
Committal for Contempt, Breach of Interim Injunction, Derivative Action Notice, Service of Order Via Solicitors, Burden of Proof Beyond Reasonable Doubt, Sentence/penalty
Source Language
Malay/English
Civil Procedure Contempt of Court Company Law Injunctions Committal for Contempt Breach of Interim Injunction Derivative Action Notice Service of Order Via Solicitors +2 more

Case Brief

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Parties

Goh Choon Kim

Appellant/alleged Contemnor

Ong Ah Poh

Appellant/alleged Contemnor

Goh Choon Seang

Appellant/alleged Contemnor

Goh Kim Heong

Appellant/alleged Contemnor

Chan Eng Leong

Respondent/plaintiff

Chong Bee Choo

Respondent/plaintiff

Goh Kooi Cheng

Respondent in Appeal 642 / Former Employee / Alleged Contemnor

Global Tobacco Manufacturers (International) Sdn Bhd

Corporate Defendant / Subject Company

Procedural Posture

Civil Appeal From High Court Committal for Contempt of Court and Related Interlocutory Orders / Court of Appeal Judgment on Appeals Against High Court Committal Order (appeals Disposed)

Legal Issues

  1. 1 Whether appellants breached the terms of the ad‑interim injunction dated 14.1.2020
  2. 2 Whether the terms of the injunction were clear and unambiguous
  3. 3 Whether appellants had proper notice of the injunction (including notice via solicitors)

Ratio Decidendi

The Court of Appeal affirmed the High Court: the injunction's material terms were clear, notice of the order was imputable to the alleged contemnors through their solicitors, and the letters and termination steps taken by Goh, Ong, Goh Choon Seang and Goh Kim Heong breached the injunction and thereby constituted contempt proven beyond reasonable doubt; by contrast, Goh Kooi Cheng was acquitted because the plaintiffs failed to prove beyond reasonable doubt that she signed the impugned indemnity and unlawfully interfered with company affairs.

Court Disposition

Both appeals dismissed; High Court committal order affirmed in part and acquittal of Goh Kooi Cheng upheld

Orders

  • Appeal P-02(IM)(NCvC)-490-03/2024 dismissed with costs RM25,000.00 subject to allocator
  • Appeal P-02(IM)(NCvC)-642-04/2024 dismissed with costs RM15,000.00 subject to allocator