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 had failed to comply with the Order and the Conditional Stay Order, that the leave for committal was properly granted on a prima facie case, and that the breach was wilful and amounted to contempt beyond reasonable doubt; accordingly D2 and D3 were found guilty of contempt and committal orders and sentences were lawful and appropriate under Article 126, s13 Courts of Judicature Act and Orders 45/52 ROC.

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
Committal (contempt) / Enforcement of Judgment / Judgment and Sentencing (committal Leave Granted; Sentencing Pronounced; Conditional Stay Application Granted)
Outcome
Enclosure 165 and Enclosure 169 allowed (committal granted); Enclosure 174 and Enclosure 176 dismissed; D2 and D3 found guilty of contempt; sentencing imposed and conditional stay of imprisonment granted subject to terms.
Legal Topics
Committal Proceedings, Conditional Stay, Breach of Court Order, Leave to Commence Committal, Sentencing for Contempt
Source Language
Malay/English
Contempt of Court Civil Procedure Enforcement of Judgment Committal Proceedings Conditional Stay Breach of Court Order Leave to Commence Committal Sentencing for Contempt

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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 (contempt) / Enforcement of Judgment / Judgment and Sentencing (committal Leave Granted; Sentencing Pronounced; Conditional Stay Application Granted)

Legal Issues

  1. 1 Whether D2 and D3 breached the Order and Conditional Stay Order (CSO)
  2. 2 Whether leave to commence committal was properly granted at prima facie stage
  3. 3 Whether procedural safeguards for committal (penal notice/show-cause) were complied with

Ratio Decidendi

The court found that D2 and D3 had failed to comply with the Order and the Conditional Stay Order, that the leave for committal was properly granted on a prima facie case, and that the breach was wilful and amounted to contempt beyond reasonable doubt; accordingly D2 and D3 were found guilty of contempt and committal orders and sentences were lawful and appropriate under Article 126, s13 Courts of Judicature Act and Orders 45/52 ROC.

Court Disposition

Enclosure 165 and Enclosure 169 allowed (committal granted); Enclosure 174 and Enclosure 176 dismissed; D2 and D3 found guilty of contempt; sentencing imposed and conditional stay of imprisonment granted subject to terms.

Orders

  • Enclosure 165 and Enclosure 169 allowed; Enclosure 174 and Enclosure 176 dismissed with costs.
  • D3 sentenced to 10 days imprisonment and fined RM100,000.00; in default of fine D3 to undergo 2 months imprisonment. Both imprisonment terms for Enclosure 165 and 169 to run concurrently.