1. ) Chan Eng Leong 2. ) Chong Bee Choo Goh Kooi Cheng

1. ) Chan Eng Leong 2. ) Chong Bee Choo Goh Kooi Cheng

The Court of Appeal affirmed the High Court: the injunction terms were sufficiently clear and the contemnors (Goh Choon Kim, Ong Ah Poh, Goh Choon Seang, Goh Kim Heong) knew or were deemed to know the terms (represented by solicitors or otherwise aware) and by issuing the impugned letters and taking the stated steps they breached the injunction and were in contempt; the contemnors were properly found guilty beyond reasonable doubt and the sentencing (financial penalties with conditional committal) and costs were appropriate; Goh Kooi Cheng was acquitted because prosecution failed to prove beyond reasonable doubt that she signed the critical letter of indemnity

Citation
P-02(IM)(NCvC)-642-04/2024 (Mahkamah Rayuan)
Parties
Appellant / Defendant: Goh Choon Kim; Appellant / Defendant: Ong Ah Poh; Appellant / Defendant: Goh Choon Seang; Appellant / Defendant: Goh Kim Heong; Respondent in Appeal 490 / Appellant in Appeal 642 / Plaintiff: Chan Eng Leong; Respondent in Appeal 490 / Appellant in Appeal 642 / Plaintiff: Chong Bee Choo; Respondent in Appeal 642 / Defendant: Goh Kooi Cheng; Defendant / Company Involved: Global Tobacco Manufacturers (International) Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
7 February 2025
Case Number
P-02(IM)(NCvC)-642-04/2024 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (contempt/committal) / Court of Appeal Grounds of Judgment and Final Determination on Appeal (decision Affirmed)
Outcome
Appeals dismissed and High Court judgment of 18 March 2024 affirmed
Legal Topics
Contempt of Court, Interlocutory Injunction, Committal, Service of Order, Derivative Action, Appellate Review of Discretionary Orders
Source Language
Malay/English
Civil Procedure Contempt of Court Company Law Injunctions Interlocutory Injunction Committal Service of Order Derivative Action +1 more

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Parties

Goh Choon Kim

Appellant / Defendant

Ong Ah Poh

Appellant / Defendant

Goh Choon Seang

Appellant / Defendant

Goh Kim Heong

Appellant / Defendant

Chan Eng Leong

Respondent in Appeal 490 / Appellant in Appeal 642 / Plaintiff

Chong Bee Choo

Respondent in Appeal 490 / Appellant in Appeal 642 / Plaintiff

Goh Kooi Cheng

Respondent in Appeal 642 / Defendant

Global Tobacco Manufacturers (International) Sdn Bhd

Defendant / Company Involved

Procedural Posture

Civil Appeal (contempt/committal) / Court of Appeal Grounds of Judgment and Final Determination on Appeal (decision Affirmed)

Legal Issues

  1. 1 Whether the appellants were in contempt for breaching the ad‑interim injunction dated 14.1.2020
  2. 2 Whether the terms of the injunction were clear and whether the contemnors had proper notice
  3. 3 Whether writing letters and taking steps (termination of share sale agreement/notice of derivative action) unlawfully interfered with the administration of justice and pre‑empted the suit

Ratio Decidendi

The Court of Appeal affirmed the High Court: the injunction terms were sufficiently clear and the contemnors (Goh Choon Kim, Ong Ah Poh, Goh Choon Seang, Goh Kim Heong) knew or were deemed to know the terms (represented by solicitors or otherwise aware) and by issuing the impugned letters and taking the stated steps they breached the injunction and were in contempt; the contemnors were properly found guilty beyond reasonable doubt and the sentencing (financial penalties with conditional committal) and costs were appropriate; Goh Kooi Cheng was acquitted because prosecution failed to prove beyond reasonable doubt that she signed the critical letter of indemnity

Court Disposition

Appeals dismissed and High Court judgment of 18 March 2024 affirmed

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