Plastech Industrial Systems Sdn Bhd v N&C Resources Sdn Bhd & Ors (High Court) [2013] 10 MLJ 837

Justin was the counsel for Plastech (the Plaintiff) and assisted by Chooi Peng. This is a case by the third defendant to set aside the ex-parte application for leave to commence committal proceedings against all the Defendants for failure to comply with the judgment and order granted by the Court against the Defendants earlier after a Full Trial. The Court dismissed the application on the grounds inter-alia, that the third defendant has constructive knowledge of the terms of the judgment as he and other Defendant had formally applied for a stay of the Judgment and he has also waived the right to object to the ex-parte order by his own action by filing 2 affidavits to oppose the Plaintiff’s application for committal proceedings.