PLUSBURY DEVELOPMENT SDN BHD GOLDPAGE ASSETS SDN BHD

PLUSBURY DEVELOPMENT SDN BHD GOLDPAGE ASSETS SDN BHD

The Court dismissed the appeal and affirmed the High Court: there was a bona fide serious issue because the validity of the termination letter was disputed; the balance of justice favored granting an injunction to preserve the status quo as Goldpage had paid substantial sums and Plusbury's ability to deal with the land (including sales) risked rendering arbitration futile; fresh evidence of insolvency did not displace these considerations and the appellate court will admit new issues only sparingly.

Citation
W-02(NCC)(A)-2208-10/2018 (Mahkamah Rayuan)
Parties
Appellant/defendant: Plusbury Development Sdn Bhd; Respondent/plaintiff: Goldpage Assets Sdn Bhd
Court
NCC
Jurisdiction
Malaysia
Judgment Date
28 February 2020
Case Number
W-02(NCC)(A)-2208-10/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Concerning Arbitration and Contractual Dispute / Appeal to the Court of Appeal From High Court Injunction Decision; Final Judgment on Appeal Dated 16.11.2021
Outcome
Appeal dismissed; decision of the High Court dated 8.10.2018 affirmed.
Legal Topics
Interim Injunction Pending Arbitration, Validity of Contractual Termination, Arbitration Clause and Forum Selection, Balance of Convenience/status Quo, Admission of Fresh Evidence on Appeal, Judicial Management/insolvency Issues
Source Language
Malay/English
Arbitration Contract Law Civil Procedure Equity (injunctive Relief) Insolvency/judicial Management Interim Injunction Pending Arbitration Validity of Contractual Termination Arbitration Clause and Forum Selection +3 more

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Parties

Plusbury Development Sdn Bhd

Appellant/defendant

Goldpage Assets Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal Concerning Arbitration and Contractual Dispute / Appeal to the Court of Appeal From High Court Injunction Decision; Final Judgment on Appeal Dated 16.11.2021

Legal Issues

  1. 1 Whether a prima facie/bona fide serious issue exists to grant an interim injunction pending arbitration regarding disputed termination of the JVA
  2. 2 Whether the balance of convenience and justice favors granting the injunction to preserve the subject matter pending arbitration
  3. 3 Whether damages would be an adequate remedy

Ratio Decidendi

The Court dismissed the appeal and affirmed the High Court: there was a bona fide serious issue because the validity of the termination letter was disputed; the balance of justice favored granting an injunction to preserve the status quo as Goldpage had paid substantial sums and Plusbury's ability to deal with the land (including sales) risked rendering arbitration futile; fresh evidence of insolvency did not displace these considerations and the appellate court will admit new issues only sparingly.

Court Disposition

Appeal dismissed; decision of the High Court dated 8.10.2018 affirmed.

Orders

  • High Court injunction restraining Plusbury from dealing with the specified parcels of land pending the final arbitral award upheld
  • Costs of RM10000.00 to the Respondent/Plaintiff subject to payment of allocator fees