SALING BIN LAU BEE CHIANG & 77 OTHERS v KANAWAGI A/L SEPERUMANIAM & 3 OTHERS

ja-22-228-2009 High Court (Mahkamah Tinggi) 3 December 2023 • JA-22-228-2009 • 9 min read

Outcome

“The hearing of the ex-parte application for leave was not adjudication on the merits of the case (see Arthur Lee Meng Kwang v Faber Merlin Malaysia Berhad)” [28] For the reasons aforesaid, and having found that the Applicant has established a prima facie case for leave to be granted, I find there are no merits in this application to set aside the leave, and I dismiss the application with costs.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ja-22-228-2009). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Application by the Respondent to set-aside an ex-parte order granting leave to the Applicant to commence committal proceedings against the Respondent for alleged contempt of court. The Respondent, a lawyer was found liable by the High Court in Johor Bahru for misappropriation of trust monies belonging to the Orang Asli who are the Plaintiffs in this case. The decision of the High Court was affirmed by both the Court of Appeal and the Federal Court. The application for leave to commence committal proceedings against the Respondent is predicated on comments made by the Respondent which are alleged to be disparaging to the Federal Court after its’ decision affirming the decision of the Court of Appeal.

Practice Areas

Civil Procedure

Judges (1)

Ahmad Murad bin Abdul Aziz Delivered

Counsel (2)

G. Ragumaren & Co Firm Ragumaren Gopal Counsel Applicant

Parties (2)

Kanawagi a/l Seperumaniam Defendant Saling bin Lau Bee Chiang Plaintiff

Statutes Cited

Rules of Court 2012

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-22-228-2009)