TAN POH LEE TAN BOON THIEN

TAN POH LEE TAN BOON THIEN

Order 52 Rule 2B does not mandate a separate prior notice to show cause before filing an ex parte leave application under Order 52 Rule 3; the notice contemplated in Rule 2B is the notice/documents tied to Order 52 Rule 4(3) and arises after initiation of contempt proceedings; the Court of Appeal erred in construing Rule 2B as requiring a pre-filing notice.

Citation
02(i)-45-09/2020(W) (Mahkamah Persekutuan)
Parties
Appellant: Tan Poh Lee; Respondent: Tan Boon Thien; Appellant: Low Chow Yeng; Respondent: Tan Poh Hui; Respondent: Tan Poh Yee; Defendant: Chew Phye Keat
Court
i
Jurisdiction
Malaysia
Judgment Date
18 February 2021
Case Number
02(i)-45-09/2020(W) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal (contempt Leave Application) / Federal Court Final Judgment on Questions of Law
Outcome
Appeal allowed; order of the Court of Appeal set aside
Legal Topics
Order 52 Rule 2 B, Leave for Committal, Notice to Show Cause, Service Under Order 52 Rule 4(3), Natural Justice
Source Language
Malay/English
Civil Procedure Contempt of Court Probate and Administration Order 52 Rule 2 B Leave for Committal Notice to Show Cause Service Under Order 52 Rule 4(3) Natural Justice

Case Brief

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Parties

Tan Poh Lee

Appellant

Tan Boon Thien

Respondent

Low Chow Yeng

Appellant

Tan Poh Hui

Respondent

Tan Poh Yee

Respondent

Chew Phye Keat

Defendant

Procedural Posture

Civil Appeal (contempt Leave Application) / Federal Court Final Judgment on Questions of Law

Legal Issues

  1. 1 Whether prior notice to show cause is required before filing an ex parte leave application under Order 52 Rule 3 of the Rules of Court 2012
  2. 2 Whether the 'notice to show cause' in Order 52 Rule 2B means the documents referred to in Order 52 Rule 4(3)

Ratio Decidendi

Order 52 Rule 2B does not mandate a separate prior notice to show cause before filing an ex parte leave application under Order 52 Rule 3; the notice contemplated in Rule 2B is the notice/documents tied to Order 52 Rule 4(3) and arises after initiation of contempt proceedings; the Court of Appeal erred in construing Rule 2B as requiring a pre-filing notice.

Court Disposition

Appeal allowed; order of the Court of Appeal set aside

Orders

  • Appeal allowed
  • Order of the Court of Appeal dated 30 September 2019 set aside