PEMIUTANG PENGHAKIMAN TOYO GREASE MANUFACTURING (M) SDN BHD PENGHUTANG PENGHAKIMAN MEGA BOILER TECH ENGINEERING & TRADING SDN BHD

PEMIUTANG PENGHAKIMAN TOYO GREASE MANUFACTURING (M) SDN BHD PENGHUTANG PENGHAKIMAN MEGA BOILER TECH ENGINEERING & TRADING SDN BHD

The application was dismissed because the Judgment Creditor failed to prove beyond reasonable doubt that the non‑compliance was wilful; there was uncontradicted material showing the Judgment Debtor lacked means to pay and the alleged non‑disclosures were not sufficiently material to vitiate the leave process, so committal could not be ordered.

Citation
37J-13-10/2015 (Mahkamah Tinggi)
Parties
Judgment Creditor: TOYO GREASE MANUFACTURING (M) SDN BHD; Judgment Debtor: MEGA BOILER TECH ENGINEERING & TRADING SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2020
Case Number
37J-13-10/2015 (Mahkamah Tinggi)
Procedural Posture
Civil Contempt (committal) / Application to Cite Director for Contempt (enclosure 40) — Dismissed With Costs
Outcome
Application to commit director dismissed
Legal Topics
Committal Proceedings, Penal Endorsement, Judgment Debtor Summons, Security for Costs, Full and Frank Disclosure, Wilful Disobedience
Source Language
Malay/English
Civil Procedure Contempt of Court Enforcement of Judgment Company Law Committal Proceedings Penal Endorsement Judgment Debtor Summons Security for Costs +2 more

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Parties

TOYO GREASE MANUFACTURING (M) SDN BHD

Judgment Creditor

MEGA BOILER TECH ENGINEERING & TRADING SDN BHD

Judgment Debtor

Procedural Posture

Civil Contempt (committal) / Application to Cite Director for Contempt (enclosure 40) — Dismissed With Costs

Legal Issues

  1. 1 Whether the director could be committed for contempt for non‑payment of a judgment instalment
  2. 2 Whether non‑compliance was wilful and proved beyond reasonable doubt
  3. 3 Whether the applicant made full and frank disclosure in the ex parte leave application

Ratio Decidendi

The application was dismissed because the Judgment Creditor failed to prove beyond reasonable doubt that the non‑compliance was wilful; there was uncontradicted material showing the Judgment Debtor lacked means to pay and the alleged non‑disclosures were not sufficiently material to vitiate the leave process, so committal could not be ordered.

Court Disposition

Application to commit director dismissed

Orders

  • Application (Enclosure 40) dismissed with costs