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Lim Khai Sin

JA Yeoh Called to the Bar in 2021 3 appearances

About Lim Khai Sin

Lim Khai Sin appears as counsel of record in 3 reported Malaysia judgments (2025). These were heard before MYCOA (2) and MYHC (1).

On the court record

Lim Khai Sin appears in the corpus in contempt and housing-development litigation, argued in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan). Two related Court of Appeal appeals, appearing for the appellant in one and the respondent in the other, concerned contempt of court arising from the breach of an injunction. The injunction had prohibited interference with the management and affairs of a company, and the contemnors' acts — issuing termination letters and convening an extraordinary general meeting — were found to pre-empt the resolution of an ongoing suit; the court reaffirmed the important principle that the disobedience of a court order constitutes contempt without any need to prove that the administration of justice was thereby interfered with, dismissed the appeal against the finding of contempt, and upheld the acquittal of one of the parties. That principle — that a court order must be obeyed while it stands, and that its breach is itself a contempt — lies at the heart of the court's ability to hold the position pending trial. A third matter, in the High Court and appearing for the defendant, arose in the housing-development context and concerned the source of a purchaser's right to sue: the court reasoned that the requirement for compliance was contained in the sale and purchase agreement, so that an action for failure to comply with the statute still arose from the SPA, and that the plaintiffs could bring the action for non-compliance with Regulation 11 and Schedule G of the Housing Development (Control and Licensing) Regulations 1989 by virtue of the agreement, without which they would have lacked the legal capacity to sue. The contempt appeals and the housing matter, though very different in subject, share a concern with the source and enforcement of legal obligations — the binding force of a court order that must be obeyed while it stands, and the way a statutory protection for house buyers is carried into effect through the sale and purchase agreement that gives them standing to sue. Across the appearances the practice combines the enforcement of court orders through contempt with the statutory and contractual rights of house buyers.

3
Appearances
2021
Year of Call
1
Firm
No
Senior Counsel

How many cases has Lim Khai Sin appeared in?

Lim Khai Sin appears as counsel of record in 3 reported Malaysia judgments (2025).

Which courts does Lim Khai Sin appear in?

Lim Khai Sin appears before MYCOA (2) and MYHC (1).

What principle did the contempt appeals reaffirm?

That disobedience of a court order constitutes contempt without any need to prove interference with the administration of justice; the contemnors had breached an injunction against interfering with a company's management by issuing termination letters and convening an EGM, and the appeal against the finding of contempt was dismissed while one party's acquittal was upheld.

How did the housing matter treat the purchaser's right to sue?

The court reasoned that the requirement for compliance was contained in the sale and purchase agreement, so an action for failure to comply with Regulation 11 and Schedule G of the Housing Development (Control and Licensing) Regulations 1989 still arose from the SPA, without which the plaintiffs would have lacked capacity to sue.

Practice Areas (from case appearances)

Counsel Defendant (1)

Counsel Appellant (1)

Counsel Respondent (1)