Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Leave for committal

Legal area

Court

7 Jul 2021

Blueprint Planning International Sdn Bhd Blueprint Planning Sdn Bhd Ng Wern Ping Gor Sheau Shuenn Wong Li Yuin Rozanna binti Abdul Rashid Stella Ler Pei Ghee Seng Liang An

Citation

BA-22NCvC-116-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-116-03/2020 (Mahkamah Tinggi)

Where an appellate court has granted an ad interim stay of enforcement of a mandatory injunction, the trial court order is non-operative while that stay remains in force; therefore leave for committal could not be granted at times when the appellate stay was in effect and the ex parte leave application was dismissed on that procedural ground.
18 Feb 2021

TAN POH LEE TAN BOON THIEN

Citation

02(i)-45-09/2020(W) (Mahkamah Persekutuan)
Court

i
Case number

02(i)-45-09/2020(W) (Mahkamah Persekutuan)

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.