rayuan sivil no. j-02-21-2008 antara harta kumpulan sdn. bhd

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J-02-21-08 4 they were meant to communicate with the respondent’s officers or employees and not the respondent company. Without having to delve into that aspect of company law relating to corporate personality raised in this appeal we agree with the finding of the learned Judge for the reasons alluded to in his judgment, that although the letters were in form written by Yai Yen Hon @ Chua Yen Hon and addressed to Datuk Tan Boon Seng @ Krishnan in their respective personal capacity, they were in substance written by Yai Yen Hon @ Chua Yen Hon as a director of the defendant company and addressed to Datuk Tan Boon Seng @ Krishnan as the managing director of the plaintiff company. It is clear to us that the underlying objective of the injunction was to stop the defendant company from contacting the plaintiff on any matter relating to the Joint Development Agreement which may constitute a nuisance on the plaintiff company. By those letters the defendant had succeeded in contacting the plaintiff on matters relating to the Joint Development Agreement and was therefore in breach of the injunction. The learned Judge was therefore right in finding Yai Yen Hon @ Chua Yen Hon guilty of contempt. We are satisfied that Yai Yen Hon @ Chua Yen Hon had singularly written those letters and that the other director Wong Quai Yin (his wife) played no part. She should not therefore be liable for the defendant company’s contempt.
J-02-21-08 5 In view of the trivial nature of the contempt and the promise of Yai Yen Hon @ Chua Yen Hon not to contact the plaintiff again, we set aside the custodial sentence of imprisonment imposed by the High Court. Instead, we order that Yai Yen Hon @ Chua Yen Hon gives an undertaking not to write any more letters to the plaintiff that may constitute a nuisance to the plaintiff. Should there be a breach of the undertaking in the future, he shall be brought before this Court to be dealt with accordingly. Tarikh: 14.10.2009 DATO’ KANG HWEE GEE Hakim Mahkamah Rayuan Malaysia. Bagi Pihak Perayu: Kedua-dua Pengarah hadir sendiri Bagi Pihak Responden: Dr. Clarence Edwin bersama Encik R. Paramanandan Tetuan Clarence Edwin Law Offices
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rayuan sivil no. j-02-21-2008 antara harta kumpulan sdn. bhd

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