TAN BOON THIEN LOW CHOW YENG (F) TAN POH LEE TAN POH HUI TAN POH YEE

TAN BOON THIEN LOW CHOW YENG (F) TAN POH LEE TAN POH HUI TAN POH YEE

Order 52 r.2B requires mandatory personal service of a formal notice to show cause in non-face-of-court contempts before any ex parte application for leave under r.3; failure to comply with r.2B renders subsequent leave proceedings invalid and is not cured by general procedural provisions; there is no requirement under Malaysian law for prior consent or service on the Attorney General for contempt proceedings initiated by a private party in civil proceedings.

Citation
W-02(IM)(NCVC)-2540-12/2018 (Mahkamah Rayuan)
Parties
1st Appellant: Tan Boon Thien; 2nd Appellant: Low Chow Yeng; 1st Respondent: Tan Poh Lee; 2nd Respondent: Tan Poh Hui; 3rd Respondent: Tan Poh Yee
Court
IM
Jurisdiction
Malaysia
Judgment Date
30 October 2019
Case Number
W-02(IM)(NCVC)-2540-12/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Concerning Application to Set Aside Ex Parte Leave for Committal Proceedings / Court of Appeal Judgment on Application to Set Aside Leave
Outcome
Ex parte Leave Order dated 25.07.2019 set aside; application to set aside (Enclosure 81) allowed
Legal Topics
Committal Proceedings, Leave to Initiate Contempt, Notice to Show Cause, Attorney General Consent, Stay of Proceedings, Interim Preservation of Assets, Service of Process
Source Language
Malay/English
Civil Procedure Contempt of Court Probate and Administration Committal Proceedings Leave to Initiate Contempt Notice to Show Cause Attorney General Consent Stay of Proceedings +2 more

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Parties

Tan Boon Thien

1st Appellant

Low Chow Yeng

2nd Appellant

Tan Poh Lee

1st Respondent

Tan Poh Hui

2nd Respondent

Tan Poh Yee

3rd Respondent

Procedural Posture

Civil Appeal Concerning Application to Set Aside Ex Parte Leave for Committal Proceedings / Court of Appeal Judgment on Application to Set Aside Leave

Legal Issues

  1. 1 Whether a formal notice to show cause under Order 52 rule 2B ROC 2012 is mandatory before an ex parte application for leave under Order 52 rule 3
  2. 2 Whether the Attorney General's consent is required for contempt proceedings initiated by a private party in civil proceedings
  3. 3 Whether cause papers must be served on the Attorney General in such proceedings

Ratio Decidendi

Order 52 r.2B requires mandatory personal service of a formal notice to show cause in non-face-of-court contempts before any ex parte application for leave under r.3; failure to comply with r.2B renders subsequent leave proceedings invalid and is not cured by general procedural provisions; there is no requirement under Malaysian law for prior consent or service on the Attorney General for contempt proceedings initiated by a private party in civil proceedings.

Court Disposition

Ex parte Leave Order dated 25.07.2019 set aside; application to set aside (Enclosure 81) allowed

Orders

  • Leave Order dated 25.07.2019 set aside
  • Enclosure 81 (application to set aside Leave Order) allowed