ENDLESS CORPORATE SDN. BHD. 1. ) GS REALTY SDN. BHD. 2. ) TETUAN PATRICK YEOH & COMPANY 3. ) YEOH ENG KONG

ENDLESS CORPORATE SDN. BHD. 1. ) GS REALTY SDN. BHD. 2. ) TETUAN PATRICK YEOH & COMPANY 3. ) YEOH ENG KONG

The Court found that D2 and D3 failed to comply with the judgment and the CSO to deposit RM2,000,000, that the failure constituted wilful contempt of court established beyond reasonable doubt at the leave stage, that leave for committal was properly granted, and accordingly convicted D2 and D3 of contempt; sentencing was imposed on D3 (sole proprietor and advocate) as recorded and the applications by D2 and D3 to set aside the leave were dismissed.

Citation
WA-24NCvC-2327-08/2022 (Mahkamah Tinggi)
Parties
Plaintiff: ENDLESS CORPORATE SDN. BHD.; 1st Defendant: GS REALTY SDN. BHD.; 2nd Defendant: TETUAN PATRICK YEOH & COMPANY; 3rd Defendant: YEOH ENG KONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2025
Case Number
WA-24NCvC-2327-08/2022 (Mahkamah Tinggi)
Procedural Posture
Committal for Contempt Arising From Non Compliance With Judgment and Conditional Stay Order / Judgment on Committal and Sentencing With Subsequent Stay Application
Outcome
Enclosure 165 and Enclosure 169 allowed; Enclosure 174 and Enclosure 176 dismissed; D2 and D3 found guilty of contempt; D3 sentenced and imprisonment stayed subject to conditions
Legal Topics
Committal, Leave to Commence Committal, Conditional Stay Order, Breach of Court Order, Procedural Safeguards in Committal, Sentencing for Contempt
Source Language
Malay/English
Contempt of Court Civil Procedure Enforcement of Judgment Trusts and Fiduciary Duties Committal Leave to Commence Committal Conditional Stay Order Breach of Court Order +2 more

Case Brief

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Parties

ENDLESS CORPORATE SDN. BHD.

Plaintiff

GS REALTY SDN. BHD.

1st Defendant

TETUAN PATRICK YEOH & COMPANY

2nd Defendant

YEOH ENG KONG

3rd Defendant

Procedural Posture

Committal for Contempt Arising From Non Compliance With Judgment and Conditional Stay Order / Judgment on Committal and Sentencing With Subsequent Stay Application

Legal Issues

  1. 1 Whether D2 and D3 committed contempt by failing to deposit RM2,000,000 as required by the Conditional Stay Order (CSO)
  2. 2 Whether the CSO was mandatory and enforceable despite being conditional and lacking an express return provision
  3. 3 Whether leave to commence committal was properly granted at the prima facie stage

Ratio Decidendi

The Court found that D2 and D3 failed to comply with the judgment and the CSO to deposit RM2,000,000, that the failure constituted wilful contempt of court established beyond reasonable doubt at the leave stage, that leave for committal was properly granted, and accordingly convicted D2 and D3 of contempt; sentencing was imposed on D3 (sole proprietor and advocate) as recorded and the applications by D2 and D3 to set aside the leave were dismissed.

Court Disposition

Enclosure 165 and Enclosure 169 allowed; Enclosure 174 and Enclosure 176 dismissed; D2 and D3 found guilty of contempt; D3 sentenced and imprisonment stayed subject to conditions

Orders

  • D3 sentenced to imprisonment for ten (10) days (to run concurrently for both Enclosure 165 and Enclosure 169)
  • D3 fined RM100000.00 and in default of payment to be imprisoned for two (2) months