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

s-02imncvc-1936-10-2022 Court of Appeal (Mahkamah Rayuan) 21 January 2025 • S-02(IM)(NCvC)-1936-10/2022 • 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 Respondent Morgan Tsen Counsel Appellant Yapp Chu Chon @ Norbert Yapp Counsel Respondent

Parties (3)

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

Case Significance

Perfect Oil Resources (Sabah) Sdn Bhd v 1. ) Lee Yee Wuen 2. ) Ladang Sri Har... is a Court of Appeal (Mahkamah Rayuan) decision dated January 21, 2025 (citation: s-02imncvc-1936-10-2022). <p>This is the cross-appeal by Perfect Oil Resources challenging the High Court's decision to impose the contempt fine on the company rather than its managing director personally. The Court of Appeal dismissed this appeal with no order as to costs, consequent upon its decision to set aside the contempt finding entirely in the companion appeal.</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 respondent), Morgan Tsen (counsel for appellant), Yapp Chu Chon @ Norbert Yapp (counsel for respondent).

Summary

This is the cross-appeal by Perfect Oil Resources challenging the High Court's decision to impose the contempt fine on the company rather than its managing director personally. The Court of Appeal dismissed this appeal with no order as to costs, consequent upon its decision to set aside the contempt finding entirely in the companion appeal.

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

<p>This is the cross-appeal by Perfect Oil Resources challenging the High Court's decision to impose the contempt fine on the company rather than its ...

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