Ting Chuen Peng (mendakwa sebagai wakil bagi ahli negeri untuk Negeri Sembilan untuk United Chinese School Committees’ Association of Malaysia (Dong Zong)) & 5 Ors v. Yap Kiam @ Yap Sin Tian (didakwa secara peribadi dan sebagai bekas pengerusi yang dikatakan untuk United Chinese School Committees’ Association of Malaysia (Dong Zong)) [2018] 2 AMR 81
[Contempt of Court – Breach of order of court] Justin was the counsel for the Plaintiff, Ting Chuen Peng. This is a case involving an application to contempt against the Defendant for breaching an ex-parte order of court which was extended to an ad-interim order for a quia timet injunction, amongst others, restraining the Defendant from commencing any action to stop and/or frustrate an EGM of Dong Zong (“Injunction Order”). Despite the said order, the Court finds that one of the alleged contemnor filed a suit in Shah Alam High Court in breach of the said order and acted as the agent of the Defendant in doing so. In this case, the Court finds that not all cases prosecuted in court whether by way of criminal prosecution or civil proceedings requires direct evidence to be mandatory and took the view that circumstantial evidence can be used for the purpose of proving contempt. The Court held that the Defendant and another contemnor are guilty of contempt and sentenced the defendant for a term of imprisonment for 30 days and fined the other alleged contemnor.