Raub Mining & Development Company Sdn. Bhd. PIHAK TERKILAN 1. ) OOI XI FANG 2. ) Dato' Sri Andrew Kam Tai Yeow

Raub Mining & Development Company Sdn. Bhd. PIHAK TERKILAN 1. ) OOI XI FANG 2. ) Dato' Sri Andrew Kam Tai Yeow

Leave to commence committal proceedings was properly granted because the Applicant's verifying affidavit disclosed a prima facie species of contempt that was not inherently improbable (misleading ex-parte garnishee applications, wrongful intitulement and attempt to freeze all bank accounts), the leave requirement is satisfied on that basis despite originating summons in this concurrent-jurisdiction High Court, and therefore the preliminary applications (Enclosure 13 and 17) to set aside the leave were dismissed.

Citation
WA-24NCvC-926-03/2024 (Mahkamah Tinggi)
Parties
Applicant: Raub Mining & Development Company Sdn. Bhd.; Aggrieved Party: OOI XI FANG; Aggrieved Party: Dato' Sri Andrew Kam Tai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
WA-24NCvC-926-03/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Committal Proceedings / Leave Granted; Applications to Set Aside Dismissed; Committal Hearing Reserved
Outcome
Enclosure 13 and Enclosure 17 dismissed; leave to commence committal proceedings granted; decision on committal (Enclosure 11) reserved to 20.1.2025; costs awarded to Applicant.
Legal Topics
Leave to Commence Committal Proceedings, Prima Facie Test for Contempt, Garnishee Orders and Intitulement, Absolute Privilege and Misuse, Order 52 Rule 3(2) Compliance
Source Language
Malay/English
Contempt of Court Civil Procedure Execution and Garnishee Proceedings Defamation/absolute Privilege Abuse of Process Leave to Commence Committal Proceedings Prima Facie Test for Contempt Garnishee Orders and Intitulement +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 5 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Raub Mining & Development Company Sdn. Bhd.

Applicant

OOI XI FANG

Aggrieved Party

Dato' Sri Andrew Kam Tai

Aggrieved Party

Procedural Posture

Originating Summons Committal Proceedings / Leave Granted; Applications to Set Aside Dismissed; Committal Hearing Reserved

Legal Issues

  1. 1 Whether leave to commence committal proceedings should be granted
  2. 2 Whether PC1 and PC2 committed contempt by filing and relying on misleading ex-parte garnishee applications
  3. 3 Whether inclusion of Applicant as judgment debtor and freezing of accounts amounted to abuse of process and weaponizing court proceedings

Ratio Decidendi

Leave to commence committal proceedings was properly granted because the Applicant's verifying affidavit disclosed a prima facie species of contempt that was not inherently improbable (misleading ex-parte garnishee applications, wrongful intitulement and attempt to freeze all bank accounts), the leave requirement is satisfied on that basis despite originating summons in this concurrent-jurisdiction High Court, and therefore the preliminary applications (Enclosure 13 and 17) to set aside the leave were dismissed.

Court Disposition

Enclosure 13 and Enclosure 17 dismissed; leave to commence committal proceedings granted; decision on committal (Enclosure 11) reserved to 20.1.2025; costs awarded to Applicant.

Orders

  • Enclosure 13 and Enclosure 17 dismissed.
  • Leave granted to Raub Mining & Development Company Sdn. Bhd. to commence committal proceedings against Ooi Xi Fang and Dato' Sri Andrew Kam Tai (PC1 and PC2).