1. ) PUGANESVARAN A/L LACHEMANAN 2. ) NAGARAJAN A/L S. LACHEMANAN v LACHEMANAN A/L SINNASAMY

b-02imncvc-1817-11-2023 Court of Appeal (Mahkamah Rayuan) 22 October 2025 • B-02(IM)(NCvC)-1817-11/2023 • 27 min read
30 cases cited (0 SG, 30 foreign)

Catchwords

Practice Areas

Judges (3)

Parties (3)

Case Significance

1. ) PUGANESVARAN A/L LACHEMANAN 2. ) NAGARAJAN A/L S. LACHEMANAN v LACHEMANA... is a Court of Appeal (Mahkamah Rayuan) decision dated October 22, 2025 (citation: b-02imncvc-1817-11-2023). <p>The appellants challenged a High Court order fixing a new compliance date under Order 45 Rule 6 of the Rules of Court 2012 for a mandatory injunction requiring them to deposit RM5.5 million, after they had already been found in contempt for non-compliance. The Court of Appeal held that while Order 45 Rule 6 did not apply to set a new date after contempt proceedings, the High Court had inherent power to do so, and the new compliance order did not violate the double jeopardy rule. The appeal wa The panel comprised Faizah binti Jamaludin, Mohamed Zaini bin Mazlan and Mohd Radzi bin Abdul Hamid, with Mohd Radzi bin Abdul Hamid delivering the judgment.

Summary

The appellants challenged a High Court order fixing a new compliance date under Order 45 Rule 6 of the Rules of Court 2012 for a mandatory injunction requiring them to deposit RM5.5 million, after they had already been found in contempt for non-compliance. The Court of Appeal held that while Order 45 Rule 6 did not apply to set a new date after contempt proceedings, the High Court had inherent power to do so, and the new compliance order did not violate the double jeopardy rule. The appeal was dismissed.

What was the outcome of 1. ) PUGANESVARAN A/L LACHEMANAN 2. ) NAGARAJAN A/L S. LACHEMANAN v LACHEMANA...?

<p>The appellants challenged a High Court order fixing a new compliance date under Order 45 Rule 6 of the Rules of Court 2012 for a mandatory injuncti...

Statutes Cited

Federal Constitution
Art 7(2)
Rules of Court 2012

Cases Cited (30)

UK (1)
[1980] All ER 803
MY (29)
[1970] 2 MLJ 226 [1973] 2 MLJ 74 [1975] 2 MLJ 104 [1977] 1 MLJ 152 [1988] 1 CLJ 31 [1988] 1 CLJ 331 [1991] 1 MLJ 125 [1993] 2 MLJ 516 [1996] 2 MLJ 57 [1997] 1 MLJ 145 [1998] 4 CLJ 883 [1999] 8 CLJ 614 [2000] 3 MLJ 364 [2003] 4 MLJ 284 [2004] 3 CLJ 94 [2005] 3 MLJ 97 [2009] 6 CLJ 405 [2009] 6 MLJ 307 [2011] 4 MLJ 173 [2016] 2 CLJ 379 [2016] 7 MLJ 805 [2018] 1 CLJ 641 [2020] 2 MLJ 208 [2020] 5 CLJ 751 [2021] 1 MLJ 180 [2021] 3 CLJ 443 [2022] 2 MLJ 208 [2024] 1 CLJ 517 [2202] 8 CLJ 503