20 Aug 2024
HONG XIN CONSTRUCTION SDN BHD TETUAN CHONG + KHENG HOE
- Citation
- JA-17D-1-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-17D-1-02/2024 (Mahkamah Tinggi)
The court held the committal proceedings were a premature and abusive use of process because the core factual issue (service of invoices) had been substantively and finally decided in the earlier suit (20 August 2024) and remains subject to appeal; therefore the committal founded on alleged false affidavit could not proceed. The judicial management moratorium under s.410 does not bar committal per se but is irrelevant where the alleged contempt is premised on a matter already final. Applications to set aside the committal proceedings were allowed and indemnity costs were refused; costs awarde…