WA-24NCVC-2242-11/2021 (Mahkamah Tinggi)

WA-24NCVC-2242-11/2021 (Mahkamah Tinggi)

The ex-parte interim injunction was lawfully set aside because O.29 r.1(2C) prohibits ex-parte orders that stop or impede the holding or progress of an association meeting and because the plaintiff failed to make full and frank disclosure of material facts; accordingly the injunction was obtained improperly and must be set aside.

Citation
WA-24NCVC-2242-11/2021 (Mahkamah Tinggi)
Parties
Plaintiff (committee Member, Kochow Association Malaysia): WONG KOK LEONG; First Defendant (president, Kochow Association Malaysia): FOO CHU JONG; Second Defendant (secretary, Kochow Association Malaysia): MOOK TEN LOY
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2021
Case Number
WA-24NCVC-2242-11/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (interim Injunction) / Application to Set Aside Ex Parte Interim Injunction; Judgment on Application
Outcome
Defendants' application allowed; the ex-parte interim injunction (order dated 12.11.2021) set aside; costs to defendants; damages to be assessed.
Legal Topics
Interim Injunction, Ex Parte Injunction, Duty of Full and Frank Disclosure, Rules of Court O.29 R.1(2 C), Setting Aside Orders
Source Language
Malay/English
Civil Procedure Equity Societies Law Administrative Law Interim Injunction Ex Parte Injunction Duty of Full and Frank Disclosure Rules of Court O.29 R.1(2 C) +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

WONG KOK LEONG

Plaintiff (committee Member, Kochow Association Malaysia)

FOO CHU JONG

First Defendant (president, Kochow Association Malaysia)

MOOK TEN LOY

Second Defendant (secretary, Kochow Association Malaysia)

Procedural Posture

Originating Summons (interim Injunction) / Application to Set Aside Ex Parte Interim Injunction; Judgment on Application

Legal Issues

  1. 1 Whether an ex-parte injunction that stops or impedes the holding or progress of an association meeting is permitted under O.29 r.1(2C) ROC
  2. 2 Whether the plaintiff disclosed all relevant and material facts in support of an ex-parte application
  3. 3 Whether there is a bona fide serious issue to be tried and whether the balance of convenience and adequacy of damages favour granting the injunction

Ratio Decidendi

The ex-parte interim injunction was lawfully set aside because O.29 r.1(2C) prohibits ex-parte orders that stop or impede the holding or progress of an association meeting and because the plaintiff failed to make full and frank disclosure of material facts; accordingly the injunction was obtained improperly and must be set aside.

Court Disposition

Defendants' application allowed; the ex-parte interim injunction (order dated 12.11.2021) set aside; costs to defendants; damages to be assessed.

Orders

  • Set aside the ex-parte interim injunction dated 12.11.2021
  • Defendants' application to set aside granted