TAN CHONG YEN 1. ) NA WEE JERN 2. ) TETUAN WEE JERN & PARTNERS

TAN CHONG YEN 1. ) NA WEE JERN 2. ) TETUAN WEE JERN & PARTNERS

Defendants, having been served with the consent judgment and subsequent reminders and having failed deliberately and without bona fide effort to comply with the payment terms (including presentation of a post-dated cheque which could not be honoured), committed contempt of court; procedural prerequisites under Order 52 were met and a committal order sentencing the defendants to one week imprisonment is justified as proportionate and deterrent.

Citation
WA-A53-1-01/2024 (Mahkamah Sesyen)
Parties
Plaintiff: Tan Chong Yen; Defendant First: Na Wee Jern; Defendant Second: Tetuan Wee Jern & Partners
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 July 2025
Case Number
WA-A53-1-01/2024 (Mahkamah Sesyen)
Procedural Posture
Committal for Contempt of Court (enforcement of Consent Judgment) / Judgment/order (sentencing)
Outcome
Committal order granted; defendants found guilty of contempt of court and sentenced to one week imprisonment
Legal Topics
Consent Judgment Enforcement, Committal Proceedings, Breach of Consent Order, Sentencing for Contempt
Source Language
Malay/English
Civil Procedure Contempt of Court Enforcement of Judgments Consent Judgment Enforcement Committal Proceedings Breach of Consent Order Sentencing for Contempt

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Parties

Tan Chong Yen

Plaintiff

Na Wee Jern

Defendant First

Tetuan Wee Jern & Partners

Defendant Second

Procedural Posture

Committal for Contempt of Court (enforcement of Consent Judgment) / Judgment/order (sentencing)

Legal Issues

  1. 1 Whether the defendants' failure to pay pursuant to the consent judgment constitutes contempt of court
  2. 2 Whether procedural requirements under Order 52 were complied with before making a committal order
  3. 3 What sentence is appropriate for the contempt found

Ratio Decidendi

Defendants, having been served with the consent judgment and subsequent reminders and having failed deliberately and without bona fide effort to comply with the payment terms (including presentation of a post-dated cheque which could not be honoured), committed contempt of court; procedural prerequisites under Order 52 were met and a committal order sentencing the defendants to one week imprisonment is justified as proportionate and deterrent.

Court Disposition

Committal order granted; defendants found guilty of contempt of court and sentenced to one week imprisonment

Orders

  • Defendants committed to one week imprisonment for contempt of court
  • Parties to bear their own costs