KOTA KINABALU: The High Court here set March 9, this year to hear an application by a life member of the Royal Sabah Turf Club (RSTC) seeking an order of committal against 12 members of the club for contempt of court.
Judicial Commissioner Ravinthran N. Paramaguru yesterday set the date for an inter-parte hearing of the motion brought by Chin Tet Fong against Datuk Golkhan Hasbollah and 11 others.
The court had on Nov 25, last year during an ex-parte hearing held that Chin, represented by counsel Tiong Jia Yi, had satisfied the court that Golkhan and 11 other defendants namely Michael Yap Chee Ming, Aven Lim Yuk Yin, Ang Chi Khung, Chaw Khing Hong, Dato’ David Chong Ket Sui, Lim Lean Lai, Tiu Fui Khiong, Terence Lee Swee Hong, Hj Malzan Hj Sogon, Awang Samsi Jami and Syed Annuar Shah Latiff, were prima facie guilty in contempt of court.
In his motion, Chin sought an order of committal against the 12 members for alleged contempt of court by willfully interfering with impending and prejudicing the administration of justice, that on various dates between Sept 1 to 22, 2011, they had willfully supported, facilitated and participated in the club’s Extraordinary General Meeting (EGM) held on Sept 22, 2011 for the purpose of approving the special resolution passed.
Chin also sought an order of committal against them for alleged contempt of court by wilfully interfering with, circumventing and usurping the court’s jurisdiction over the granting of any stay of execution of its own judgment by supporting the adoption of the special resolution passed at the EGM.
Paramaguru had on March 25, 2011, found all defendants liable for breach of fiduciary duty and ordered them to pay RM1.76 million jointly or severally to RSTC and ordered the defendants to give an account of the funds of RSTC they had used for defending the action.
Apart from that, the court also issued a restraining order on the RSTC from incurring further legal fees on behalf of the defendants.
Paramaguru made the orders after allowing Chin’s civil suit against the club’s management.
On May 29, the same year, Paramaguru dismissed with costs the applications by RSTC general manager Syed Annuar and treasurer Lim to stay the execution of the court’s order pending their appeal to the Court of Appeal.