This is added by CT on 23/04/10, 12.30pm
This is the LATEST ANNOUNCEMENT taken from the Calvary Church Website on 23 April 2010.
The Calvary Stewardship Day Meeting scheduled for 7.00pm on Friday, April 23, 2010 has been postponed to a later date. We encourage all Calvarites to attend our regular Friday Prayer Meeting which will be held at 7.30pm that evening.
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We are also publishing a Comment put in by a reader giving us a short understanding of the legal process that usually takes place in legal situations like this. CT will try to get a clearer picture from various sources.
Legal Views of this AGM said...
I write in response to your posting and offer a few comments.
In your posting, you mentioned about the "fresh injunction" and "AGM being cancelled". I was puzzled why on 15 April, the high court granted AGM to proceed in an injunction hearing and, in less than one week, on 21 April, the same high court through another injunction stopped the AGM.
According to some lawyers whom I consulted, the second injunction is likely an Erinford Injunction by the same High Court. It means an interim preservation order pending the disposal of Originating Summons or appeal. Usually, the purpose of this Erinford injunction was to prevent the Court of Appeal's decision on the earlier injunction appealed on from being rendered nugatory if the AGM 2010 was allowed as scheduled.
If the same judge granted this Erinford injunction, it means the BOD has been refrained from carrying out the AGM as scheduled until the decision of the appeal to the Court of Appeal. Thus, the announcement in Calvary Church website that the AGM is postponed and your wording the AGM is cancelled were not exactly correct. The truth of the matter is that the AGM scheduled on 23 April 2010 is injuncted by Court Order.
Please post this comment to give a true fact about the confusing situation surrounding this AGM.
April 23, 2010 11:47 AM
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BREAKING NEWS
Calvary Today has just been informed by an ex-Calvary Church staff that a fresh injunction to stop the Church AGM scheduled for tomorrow, has been granted by the Court yesterday. The Church has, in compliance with the Court decision, cancelled the AGM.
CT has been unable to obtain any further details at this juncture.
ANNOUNCEMENT IN THE STAR NEWSPAPER
On a different note, there is an announcement, published in the Star newspaper today on page M14 of the Metro section, calling all Calvary Church members who have been sacked to attend the Church AGM scheduled to be held tomorrow.
The announcement also mentioned a candlelight vigil outside the Damansara Heights Church during the proceedings of the AGM.
The announcement was placed by some concerned members who may or may not have known about the Injunction application or perhaps, have been unable to withdraw the announcement in time after the court decision today.
Late this evening, CT received an email from a representative of the concerned members who had placed the announcement which said that although the AGM has been cancelled, all members are encouraged to go to the Church anyway to attend the Friday Prayer Meeting and to fellowship and bless our fellow brothers and sisters-in-Christ.
In the email, the concerned members also encouraged everyone to continue to pray for righteousness and justice to be restored to Calvary Church and for a quick resolution to this long-drawn saga.
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Thursday, April 22, 2010
Friday, April 16, 2010
Outcome Of Injunction Application
Result : Round 1 to the Concerned Members
WHAT THE PLAINTIFFS' INJUNCTION APPLICATION ASKED FOR
1. Injunction to stop the 1st and 2nd Defendants (Pastor Prince and the Deacons) from holding the 23 April Church AGM.
2. Injunction to stop the 1st and 2nd Defendants from removing the membership rights of the Plaintiffs and all other members (i.e. reinstatement of all members).
3. Injunction to stop the 1st and 2nd Defendants from amending the Rules and By-Laws of the Church Constitution.
4. Injunction to stop the 1st and 2nd Defendants from disposing any assets of the church without approval of AG Malaysia or an interim committee appointed by the Court.
5. Injunction to stop the 1st and 2nd Defendants from signing any cheque or cash transaction exceeding RM5,000 without approval of AG Malaysia or an interim committee appointed by the Court.
WHAT THE JUDGE DECIDED
1. The Judge did not grant the Injunction No.1 to stop the coming 23 April Church AGM.
2. The Judge partially granted Injunction No.2 and ordered the reinstatement of ONLY the 7 Plaintiffs and not all the 400 sacked members.
3. The Judge awarded legal costs of the Injunction application to the Plaintiffs (to be paid by the 1st and 2nd Defendants).
The Judge's rationale for rejecting Injunction No 1,3,4 and 5 was that they were not of material significance or urgency and if and when the Plaintiffs win the Originating Summons case later, she will allow the Plaintiffs the remedy of damages for decisions and transactions approved by the Defendants during the period of the legal suit.
In granting Injunction 2, the Judge approved the reinstatement of the 7 Plaintiffs only. This was the result of the argument by the Defendants' lawyer that the list of names of all the members was not known to the Court. Although the Judge granted only 1 out of 5 Injunction Prayers, it is deemed as a judgment in favour of the Plaintiffs and therefore, costs was awarded to the Plaintiffs.
CT understands that the core TTG group are now deliberating on whether to file an appeal to the Court of Appeal to review the Judgment.
Meanwhile, the Originating Summons which is to declare last year's AGM null and void, for the membership list as at June 2009 to remain status quo and for reconvening of a fresh AGM to consider the 7 proposed resolutions, is fixed for hearing on 24 May 2010.
Please continue to pray for wisdom and guidance upon the TTG brothers and sisters.
This was an encouragement we received this morning from a Concerned Member, "For I am the Lord, your God who takes hold of your right hand and says to you, Do not fear: I will help you. Do not be afraid, O worm Jacob, O little Israel, for I myself will help you,: declares the Lord, your redeemer, the Holy One of Israel." (Isaiah 41:13 & 14)
God Bless and continue to Rejoice in the Lord always.
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APOLOGY
Calvary Today Administrators APOLOGISES to all our readers, brothers and sisters for the error made in our earlier report that all the members sacked from the 2010 membership rolls were reinstated. The said report has been re-written and published above after obtaining proper clarification and update.
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WHAT THE PLAINTIFFS' INJUNCTION APPLICATION ASKED FOR
1. Injunction to stop the 1st and 2nd Defendants (Pastor Prince and the Deacons) from holding the 23 April Church AGM.
2. Injunction to stop the 1st and 2nd Defendants from removing the membership rights of the Plaintiffs and all other members (i.e. reinstatement of all members).
3. Injunction to stop the 1st and 2nd Defendants from amending the Rules and By-Laws of the Church Constitution.
4. Injunction to stop the 1st and 2nd Defendants from disposing any assets of the church without approval of AG Malaysia or an interim committee appointed by the Court.
5. Injunction to stop the 1st and 2nd Defendants from signing any cheque or cash transaction exceeding RM5,000 without approval of AG Malaysia or an interim committee appointed by the Court.
WHAT THE JUDGE DECIDED
1. The Judge did not grant the Injunction No.1 to stop the coming 23 April Church AGM.
2. The Judge partially granted Injunction No.2 and ordered the reinstatement of ONLY the 7 Plaintiffs and not all the 400 sacked members.
3. The Judge awarded legal costs of the Injunction application to the Plaintiffs (to be paid by the 1st and 2nd Defendants).
The Judge's rationale for rejecting Injunction No 1,3,4 and 5 was that they were not of material significance or urgency and if and when the Plaintiffs win the Originating Summons case later, she will allow the Plaintiffs the remedy of damages for decisions and transactions approved by the Defendants during the period of the legal suit.
In granting Injunction 2, the Judge approved the reinstatement of the 7 Plaintiffs only. This was the result of the argument by the Defendants' lawyer that the list of names of all the members was not known to the Court. Although the Judge granted only 1 out of 5 Injunction Prayers, it is deemed as a judgment in favour of the Plaintiffs and therefore, costs was awarded to the Plaintiffs.
CT understands that the core TTG group are now deliberating on whether to file an appeal to the Court of Appeal to review the Judgment.
Meanwhile, the Originating Summons which is to declare last year's AGM null and void, for the membership list as at June 2009 to remain status quo and for reconvening of a fresh AGM to consider the 7 proposed resolutions, is fixed for hearing on 24 May 2010.
Please continue to pray for wisdom and guidance upon the TTG brothers and sisters.
This was an encouragement we received this morning from a Concerned Member, "For I am the Lord, your God who takes hold of your right hand and says to you, Do not fear: I will help you. Do not be afraid, O worm Jacob, O little Israel, for I myself will help you,: declares the Lord, your redeemer, the Holy One of Israel." (Isaiah 41:13 & 14)
God Bless and continue to Rejoice in the Lord always.
***********************************
APOLOGY
Calvary Today Administrators APOLOGISES to all our readers, brothers and sisters for the error made in our earlier report that all the members sacked from the 2010 membership rolls were reinstated. The said report has been re-written and published above after obtaining proper clarification and update.
.
Wednesday, April 14, 2010
Pray For The Injunction
The Injunction application by some concerned members to stop the coming 23 April Calvary Church AGM was heard in the High Court today. Lawyers for both the Plaintiffs and the Defendants (Pastor Prince and the Board of Deacons) made their respective submissions to the Honourable Judge who will make a firm decision at 12 noon tomorrow.
CT joins the appeal to all concerned Calvarites and all Christians who support the struggle to bring about greater transparency and accountability in Calvary Church to pray earnestly from now till 12 noon tomorrow.
1. Pray that the Judge will have a good understanding of the issues in question as she studies all the Affidavits and Submissions tonight,
2. Pray that the Holy Spirit will impart wisdom and guidance upon her to make the right decision.
3. Pray for victory in obtaining the Injunction.
4. Pray for the reinstatement of all the members who had been unjustly sacked.
Let us trust God for victory for our God is always good.
CT joins the appeal to all concerned Calvarites and all Christians who support the struggle to bring about greater transparency and accountability in Calvary Church to pray earnestly from now till 12 noon tomorrow.
1. Pray that the Judge will have a good understanding of the issues in question as she studies all the Affidavits and Submissions tonight,
2. Pray that the Holy Spirit will impart wisdom and guidance upon her to make the right decision.
3. Pray for victory in obtaining the Injunction.
4. Pray for the reinstatement of all the members who had been unjustly sacked.
Let us trust God for victory for our God is always good.
