1. ) Lee Yee Wuen 2. ) Ladang Sri Harapan (Sabah) Sdn Bhd v Perfect Oil Resources (Sabah) Sdn Bhd

s-02imncvc-1920-10-2022 Court of Appeal (Mahkamah Rayuan) 21 January 2025 • S-02(IM)(NCvC)-1920-10/2022 • 36 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

Main issue: Whether the 1st and 2nd respondent had wilfully, deliberately disobeying or disregarding the terms of the injunction order of the court - The respondents had provided strong reason why they did not allow the applicant the use of the access road - Intention or mens rea is not an essential ingredient for the purpose of finding a person guilty of contempt of court in general - Whether or not the respondents had the intention of committing contempt is to be determined by reference to all the facts and circumstances of the case - The conduct of the respondents falls far short of wilfully or deliberately disobeying or disregarding to comply with the terms of the Interim Injunction

Practice Areas

Main issue: Whether the 1st and 2nd respondent had wilfully, deliberately disobeying or disregarding the terms of the injunction order of the court

Judges (3)

Azhahari Kamal bin Ramli Coram Azmi bin Ariffin Delivered Che Mohd Ruzima bin Ghazali Coram

Counsel (5)

Norbert Yapp & Associates Firm Tan Pang Tsen & Co Firm Brian Yapp Hon Min Counsel Appellant Morgan Tsen Counsel Respondent Yapp Chu Chon @ Norbert Yapp Counsel Appellant

Parties (3)

Ladang Sri Harapan Sdn Bhd Appellant Perfect Oil Resources Sdn Bhd Respondent Lee Yee Wuen Appellant

Case Significance

1. ) Lee Yee Wuen 2. ) Ladang Sri Harapan (Sabah) Sdn Bhd v Perfect Oil Resou... is a Court of Appeal (Mahkamah Rayuan) decision dated January 21, 2025 (citation: s-02imncvc-1920-10-2022). <p>An oil palm plantation company and its director appealed against a contempt of court finding for allegedly breaching an interim injunction by blocking an access road to a family-related company. The Court of Appeal allowed the appeal, finding the respondents' conduct fell far short of wilfully or deliberately disobeying the injunction, and set aside the High Court's contempt order and RM2,000 per day fine.</p> The panel comprised Azhahari Kamal bin Ramli, Azmi bin Ariffin and Che Mohd Ruzima bin Ghazali, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Brian Yapp Hon Min (counsel for appellant), Morgan Tsen (counsel for respondent), Yapp Chu Chon @ Norbert Yapp (counsel for appellant).

Summary

An oil palm plantation company and its director appealed against a contempt of court finding for allegedly breaching an interim injunction by blocking an access road to a family-related company. The Court of Appeal allowed the appeal, finding the respondents' conduct fell far short of wilfully or deliberately disobeying the injunction, and set aside the High Court's contempt order and RM2,000 per day fine.

What was the outcome of 1. ) Lee Yee Wuen 2. ) Ladang Sri Harapan (Sabah) Sdn Bhd v Perfect Oil Resou...?

<p>An oil palm plantation company and its director appealed against a contempt of court finding for allegedly breaching an interim injunction by block...

Statutes Cited

Prevention and Control of Infectious Diseases Act 1988 (Cap 342)
Rules of Court 2012

Cases Cited (9)

UK (3)
[1922] 1 KB 95 [1970] Ch 128 [1991] 1 All ER 911
MY (6)
[1977] 1 MLJ 151 [1987] 1 MLJ 345 [1993] 2 MLJ 217 [2010] 5 MLJ 562 [2011] 5 CLJ 454 [2020] MLJU 1839