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 D2 and D3 guilty of contempt because they wilfully and deliberately failed to comply with the Judgment and the Conditional Stay Order; leave to commence committal was properly granted after a prima facie showing; evidence established guilt beyond reasonable doubt; accordingly Enclosures 165 and 169 were allowed, Enclosures 174 and 176 dismissed, and sentences were imposed as recorded.

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
16 June 2025
Case Number
WA-24NCvC-2327-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Committal for Contempt Arising From Breach of Court Order and Conditional Stay / Judgment on Committal Applications 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; sentencing pronounced against D3 and stay of imprisonment granted subject to conditions.
Legal Topics
Committal, Breach of Court Order, Conditional Stay, Leave to Commence Committal, Sentencing, Obstruction of Justice
Source Language
Malay/English
Civil Litigation Contempt of Court Civil Procedure Administrative Law Committal Breach of Court Order Conditional Stay Leave to Commence Committal +2 more

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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

Civil Committal for Contempt Arising From Breach of Court Order and Conditional Stay / Judgment on Committal Applications and Sentencing With Subsequent Stay Application

Legal Issues

  1. 1 Whether D2 and D3 breached the Court Order and Conditional Stay Order
  2. 2 Whether leave to commence committal was properly granted
  3. 3 Whether procedural requirements for committal were complied with

Ratio Decidendi

The Court found D2 and D3 guilty of contempt because they wilfully and deliberately failed to comply with the Judgment and the Conditional Stay Order; leave to commence committal was properly granted after a prima facie showing; evidence established guilt beyond reasonable doubt; accordingly Enclosures 165 and 169 were allowed, Enclosures 174 and 176 dismissed, and sentences were imposed as recorded.

Court Disposition

Enclosure 165 and Enclosure 169 allowed; Enclosure 174 and Enclosure 176 dismissed; D2 and D3 found guilty of contempt; sentencing pronounced against D3 and stay of imprisonment granted subject to conditions.

Orders

  • Enclosure 165 allowed and committal order made against 3rd Defendant for contempt
  • Enclosure 169 allowed and committal order made against 2nd and 3rd Defendants for contempt