1. ) Goh Choon Kim 2. ) Ong Ah Poh 3. ) Goh Choon Seang 4. ) Goh Kim Heong v 1. ) Chan Eng Leong 2. ) Chong Bee Choo

p-02imncvc-490-03-2024 Court of Appeal (Mahkamah Rayuan) 6 February 2025 • P-02(IM)(NCvC)-490-03/2024 • 46 min read
21 cases cited (0 SG, 21 foreign)

Catchwords

The Court of Appeal upheld the High Court’s decision finding Goh Choon Kim, Ong Ah Poh, Goh Choon Seang, and Goh Kim Heong guilty of contempt for breaching an injunction order that prohibited interference with the management and affairs of Global Tobacco Manufacturers (GTM). Their actions, including issuing termination letters and convening an EGM, were found to preempt the resolution of an ongoing suit. The court reaffirmed that disobedience of a court order constitutes contempt without requiring proof of interference with the administration of justice. The appeal against their conviction was dismissed, while the acquittal of Goh Kooi Cheng was upheld.

Practice Areas

The Court of Appeal upheld the High Court’s decision finding Goh Choon Kim, Ong Ah Poh, Goh Choon Seang, and Goh Kim Heong guilty of contempt for breaching an injunction order that prohibited interference with the management and affairs of Global Tobacco Manufacturers (GTM). Their actions, including issuing termination letters and convening an EGM, were found to preempt the resolution of an ongoing suit. The court reaffirmed that disobedience of a court order constitutes contempt without requiring proof of interference with the administration of justice. The appeal against their conviction was dismissed, while the acquittal of Goh Kooi Cheng was upheld.

Judges (3)

Ahmad Fairuz bin Zainol Abidin Coram Lim Chong Fong Delivered Supang Lian Coram

Counsel (9)

JA Yeoh Firm Presgrave & Matthews Firm Chong Jun Min Counsel Appellant David Tan Hong Kai Counsel Respondent Karin Lim Ai Ching Counsel Respondent Lim Khai Sin Counsel Appellant Nicholas Lim Wei Jian Counsel Respondent Suppiah A/L Arumugam Counsel Respondent Thayalan A/L Muniandy Counsel Appellant

Parties (6)

Chan Eng Leong Respondent Chong Bee Choo Respondent Goh Choon Kim Appellant Goh Choon Seang Appellant Goh Kim Heong Appellant Ong Ah Poh Appellant

Case Significance

1. ) Goh Choon Kim 2. ) Ong Ah Poh 3. ) Goh Choon Seang 4. ) Goh Kim Heong v ... is a Court of Appeal (Mahkamah Rayuan) decision dated February 6, 2025 (citation: p-02imncvc-490-03-2024). <p>Appeal against contempt convictions for breaching an injunction prohibiting interference with Global Tobacco Manufacturers' management. The Court of Appeal dismissed the appeal with RM25,000 costs, affirming the contempt convictions.</p> The panel comprised Ahmad Fairuz bin Zainol Abidin, Lim Chong Fong and Supang Lian, with Lim Chong Fong delivering the judgment.

Summary

Appeal against contempt convictions for breaching an injunction prohibiting interference with Global Tobacco Manufacturers' management. The Court of Appeal dismissed the appeal with RM25,000 costs, affirming the contempt convictions.

What was the outcome of 1. ) Goh Choon Kim 2. ) Ong Ah Poh 3. ) Goh Choon Seang 4. ) Goh Kim Heong v ...?

<p>Appeal against contempt convictions for breaching an injunction prohibiting interference with Global Tobacco Manufacturers' management. The Court o...

Statutes Cited

Companies Act 2016 (Cap 777)
Rules of Court 2012

Cases Cited (21)

UK (2)
[1973] 3 All ER 54 [1979] AC 440
MY (19)
[1948] 1 MLJ 17 [1983] 2 MLRH 69 [1984] 1 CLJ 325 [1984] 2 MLJ 313 [1996] 3 CLJ 858 [2001] 4 AMR 4241 [2001] 4 CLJ 549 [2001] 4 MLJ 577 [2002] 3 MLJ 155 [2004] 2 MLRH 168 [2004] 3 MLJ 49 [2004] 5 AMR 248 [2012] 2 AMR 429 [2012] 2 CLJ 849 [2012] 3 MLJ 458 [2013] 5 MLJ 59 [2019] 7 CLJ 113 [2021] MLJU 2667 [2022] 2 CLJ 202