PCP CONSTRUCTION SDN BHD v LEAP MODULATION SDN BHD PENCELAH ASIAN INTERNATIONAL ARBITRATION CENTRE

08i-394-07-2018w Federal Court (Mahkamah Persekutuan) 22 April 2019 • 08(i)-394-07/2018(W)

Catchwords

Civil procedure - Contempt of court - Offence of scandalising contempt against the court - by providing material for two articles - Allegation that the expungement by the Federal Court of several paragraphs in Court of Appeal’s dissenting judgment was highly irregular - Whether the impugned statements pose a real risk of undermining public confidence to the Federal Court in administration of justice - Whether the impugned statements amount to fair criticism - Whether made in good faith and within the limits of reasonable courtesy - Whether there has been rational and cogent basis for the grave allegations against the Federal Court and thereby the Judiciary - Whether scandalising contempt has been made out beyond reasonable doubt Civil procedure - Contempt of court - Mens rea - Offence of scandalising contempt against the court - Whether intention of the author has to be proven - Whether stringent mens rea test suitable in local context - Whether there is any reason to depart from Malaysian common law practice requiring subjective intention of the alleged contemnor to interfere with the administration of justice - Whether the impugned statement caused an undermining impression of public confidence upon ordinary reasonable reader of average intelligence against the administration of justice

Practice Areas

Civil Procedure

Judges (5)

Azahar bin Mohamed Delivered Nallini Pathmanathan Coram Ramly bin Haji Ali Coram Rohana binti Yusuf Coram Tengku Maimun binti Tuan Mat Coram

Parties (3)

LEAP MODULATION Sdn Bhd Respondent PCP CONSTRUCTION Sdn Bhd Appellant Asian International Arbitration Centre Intervener

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (08i-394-07-2018w)