PNL Capital Sdn Bhd & 4 Ors Ong Shin Joe Liew Chia Soon & Ors

PNL Capital Sdn Bhd & 4 Ors Ong Shin Joe Liew Chia Soon & Ors

Applicant had locus standi but failed to demonstrate a prima facie wilful breach of the consent judgment because the phone was seized by the police (a supervening event beyond respondents' control) and paragraph 3 of the consent judgment did not require plaintiffs to return the phone to the applicant; concurrent proceedings to set aside the consent judgment rendered the committal application premature, therefore leave was refused.

Citation
WA-22NCC-623-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff (original Action): PNL Capital Sdn Bhd; Plaintiff (original Action): PNL Business Services Sdn Bhd; Plaintiff (original Action): PNL Trading Sdn Bhd; Plaintiff (original Action): Subang Industry Park Sdn Bhd; Plaintiff (original Action): Tian An Trading Sdn Bhd; Defendant (original Action) / Respondent (committal Application): Liew Chia Soon; Defendant (original Action): Fintree Capital Sdn Bhd; Applicant (leave to Apply for Committal): Ong Shin Joe; Respondent / Proposed Contemnor: Lim Pang Kiam; Respondent / Proposed Contemnor: Yap Chee Kheng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 April 2021
Case Number
WA-22NCC-623-12/2020 (Mahkamah Tinggi)
Procedural Posture
Application for Leave to Apply for Committal Under Order 52 R.3 ROC / Decision on Leave Application (application Dismissed)
Outcome
Enclosure 78 dismissed; leave to apply for committal refused; no order as to costs.
Legal Topics
Leave to Apply for Committal, Locus Standi, Consent Judgment, Anton Piller Order, Police Seizure of Evidence, Prima Facie Contempt
Source Language
Malay/English
Civil Procedure Contempt of Court Criminal Procedure Evidence Leave to Apply for Committal Locus Standi Consent Judgment Anton Piller Order +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

PNL Capital Sdn Bhd

Plaintiff (original Action)

PNL Business Services Sdn Bhd

Plaintiff (original Action)

PNL Trading Sdn Bhd

Plaintiff (original Action)

Subang Industry Park Sdn Bhd

Plaintiff (original Action)

Tian An Trading Sdn Bhd

Plaintiff (original Action)

Liew Chia Soon

Defendant (original Action) / Respondent (committal Application)

Fintree Capital Sdn Bhd

Defendant (original Action)

Ong Shin Joe

Applicant (leave to Apply for Committal)

Lim Pang Kiam

Respondent / Proposed Contemnor

Yap Chee Kheng

Respondent / Proposed Contemnor

Procedural Posture

Application for Leave to Apply for Committal Under Order 52 R.3 ROC / Decision on Leave Application (application Dismissed)

Legal Issues

  1. 1 Whether applicant has locus standi to seek leave for committal
  2. 2 Whether a prima facie case of contempt (wilful breach of consent judgment) is established
  3. 3 Whether police seizure/supervening event excuses non-compliance with consent judgment

Ratio Decidendi

Applicant had locus standi but failed to demonstrate a prima facie wilful breach of the consent judgment because the phone was seized by the police (a supervening event beyond respondents' control) and paragraph 3 of the consent judgment did not require plaintiffs to return the phone to the applicant; concurrent proceedings to set aside the consent judgment rendered the committal application premature, therefore leave was refused.

Court Disposition

Enclosure 78 dismissed; leave to apply for committal refused; no order as to costs.

Orders

  • Enclosure 78 dismissed
  • Leave to apply for committal pursuant to Order 52 r.3 ROC refused