WONG KOK LEONG 1. ) FOO CHU JONG 2. ) MOOK TEN LOY

WONG KOK LEONG 1. ) FOO CHU JONG 2. ) MOOK TEN LOY

The ex‑parte interim injunction was set aside because O.29 r.1(2C) expressly prohibits granting ex‑parte injunctions that stop the holding or progress of an association meeting; additionally the plaintiff failed to make full and frank disclosure of material facts (knowledge of ROS system migration and internal committee discussions), thereby defeating the entitlement to equitable relief. The defendants' application to set aside the order is allowed with costs and damages to be assessed.

Citation
WA-24NCvC-2242-11/2021 (Mahkamah Tinggi)
Parties
Plaintiff (committee Member of Kochow Association Malaysia): WONG KOK LEONG; First Defendant (president of Kochow Association Malaysia): FOO CHU JONG; Second Defendant (secretary of Kochow Association Malaysia): MOOK TEN LOY
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 June 2022
Case Number
WA-24NCvC-2242-11/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Interlocutory Application — Setting Aside Ex‑parte Interim Injunction (judgment)
Outcome
Defendants' application allowed; ex‑parte interim injunction (Order dated 12.11.2021) set aside; costs awarded to defendants; damages to be assessed.
Legal Topics
Ex‑parte Interim Injunction, Order 29 R.1(2 C) Rules of Court 2012, Full and Frank Disclosure, Balance of Convenience, Setting Aside Interlocutory Orders
Source Language
Malay/English
Civil Procedure Associations/societies Law Equity and Fiduciary Duties Administrative/regulatory (registrar of Societies) Injunctions Ex‑parte Interim Injunction Order 29 R.1(2 C) Rules of Court 2012 Full and Frank Disclosure +2 more

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Parties

WONG KOK LEONG

Plaintiff (committee Member of Kochow Association Malaysia)

FOO CHU JONG

First Defendant (president of Kochow Association Malaysia)

MOOK TEN LOY

Second Defendant (secretary of Kochow Association Malaysia)

Procedural Posture

Originating Summons / Interlocutory Application — Setting Aside Ex‑parte Interim Injunction (judgment)

Legal Issues

  1. 1 Whether an ex‑parte injunction may be granted to stop the holding or progress of an association meeting under O.29 r.1(2C) ROC
  2. 2 Whether the plaintiff failed to make full and frank disclosure in support of the ex‑parte application
  3. 3 Whether there is a bona fide serious issue to be tried

Ratio Decidendi

The ex‑parte interim injunction was set aside because O.29 r.1(2C) expressly prohibits granting ex‑parte injunctions that stop the holding or progress of an association meeting; additionally the plaintiff failed to make full and frank disclosure of material facts (knowledge of ROS system migration and internal committee discussions), thereby defeating the entitlement to equitable relief. The defendants' application to set aside the order is allowed with costs and damages to be assessed.

Court Disposition

Defendants' application allowed; ex‑parte interim injunction (Order dated 12.11.2021) set aside; costs awarded to defendants; damages to be assessed.

Orders

  • Set aside Order dated 12.11.2021 (Enclosure 12) granting ex‑parte interim injunction
  • Defendants' application to set aside the ex‑parte order allowed