1. ) Lee Yee Wuen 2. ) Ladang Sri Harapan (Sabah) Sdn Bhd Perfect Oil Resources (Sabah) Sdn Bhd

1. ) Lee Yee Wuen 2. ) Ladang Sri Harapan (Sabah) Sdn Bhd Perfect Oil Resources (Sabah) Sdn Bhd

On the facts the Court of Appeal found the respondents provided credible, non-frivolous reasons (COVID-19 SOP compliance and security of private plantation) for imposing conditions and denying access; their conduct did not establish wilful or deliberate disobedience beyond reasonable doubt, so the High Court contempt finding and associated fine were set aside and costs awarded to respondents.

Citation
S-02(IM)(NCvC)-1920-10/2022 (Mahkamah Rayuan)
Parties
1st Appellant (also 1st Respondent in Related Appeal): Lee Yee Wuen; 2nd Appellant (also 2nd Respondent in Related Appeal): Ladang Sri Harapan (Sabah) Sdn Bhd; Respondent (also Appellant in Related Appeal): Perfect Oil Resources (Sabah) Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
22 January 2025
Case Number
S-02(IM)(NCvC)-1920-10/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Determination by Court of Appeal (final Judgment on Related Appeals)
Outcome
Appeal S-02(IM)(NCvC)-1920-10/2022 allowed: High Court contempt finding set aside and respondents' appeal allowed with costs. Appeal S-02(IM)(NCvC)-1936-10/2022 dismissed (no order as to costs).
Legal Topics
Committal for Contempt, Interim Injunction, Stay of Execution, Director Liability for Corporate Contempt, Standard Operating Procedures (covid 19)
Source Language
Malay/English
Civil Procedure Contempt of Court Injunctions Company Law Public Health Regulation Committal for Contempt Interim Injunction Stay of Execution +2 more

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Parties

Lee Yee Wuen

1st Appellant (also 1st Respondent in Related Appeal)

Ladang Sri Harapan (Sabah) Sdn Bhd

2nd Appellant (also 2nd Respondent in Related Appeal)

Perfect Oil Resources (Sabah) Sdn Bhd

Respondent (also Appellant in Related Appeal)

Procedural Posture

Civil Appeal / Determination by Court of Appeal (final Judgment on Related Appeals)

Legal Issues

  1. 1 Whether the respondents wilfully and deliberately disobeyed the interim injunction dated 4 September 2020
  2. 2 Whether a company and/or its managing director can be held liable for contempt
  3. 3 Whether the respondents' reliance on COVID-19 SOPs and demands for vehicle/driver identification absolved or mitigated contempt

Ratio Decidendi

On the facts the Court of Appeal found the respondents provided credible, non-frivolous reasons (COVID-19 SOP compliance and security of private plantation) for imposing conditions and denying access; their conduct did not establish wilful or deliberate disobedience beyond reasonable doubt, so the High Court contempt finding and associated fine were set aside and costs awarded to respondents.

Court Disposition

Appeal S-02(IM)(NCvC)-1920-10/2022 allowed: High Court contempt finding set aside and respondents' appeal allowed with costs. Appeal S-02(IM)(NCvC)-1936-10/2022 dismissed (no order as to costs).

Orders

  • Set aside High Court order finding respondents in contempt dated 21 September 2022
  • Awarded costs to respondents in the appeal: RM20,000