Ng Chiang Chong Heap Lee Chan Trading Company Sdn Bhd

Ng Chiang Chong Heap Lee Chan Trading Company Sdn Bhd

Appellate court found plaintiff failed to show a bona fide and serious issue to be tried: CCTV evidence did not substantiate alleged ongoing unlawful conduct, defendant as family member and shareholder had legitimate basis to enter premises, and plaintiff's nearly year-long delay in seeking relief was unreasonable; balance of convenience and adequacy of damages did not favor injunction. Therefore the Sessions Court injunction was wrongly granted and is set aside; appeal allowed with no order as to costs.

Citation
PA-12A-3-02/2024 (Mahkamah Tinggi)
Parties
Appellant/defendant: NG CHIANG CHONG; Respondent/plaintiff: HEAP LEE CHAN TRADING COMPANY SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 September 2024
Case Number
PA-12A-3-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court Injunction Order / Decision on Appeal (judgment)
Outcome
Appeal allowed; Sessions Court interlocutory injunction set aside; no order as to costs.
Legal Topics
Interlocutory Injunction, Trespass, Nuisance, Locus Standi of Company, Delay (laches), Balance of Convenience, Rules of Court Procedure
Source Language
Malay/English
Civil Tort Property Company Law Procedure Interlocutory Injunction Trespass Nuisance +4 more

Case Brief

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Parties

NG CHIANG CHONG

Appellant/defendant

HEAP LEE CHAN TRADING COMPANY SDN BHD

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court Injunction Order / Decision on Appeal (judgment)

Legal Issues

  1. 1 Whether interlocutory injunction should be granted to restrain defendant from entering premises
  2. 2 Whether the plaintiff company had locus standi to bring the suit and interlocutory application
  3. 3 Whether there is a bona fide and serious issue to be tried

Ratio Decidendi

Appellate court found plaintiff failed to show a bona fide and serious issue to be tried: CCTV evidence did not substantiate alleged ongoing unlawful conduct, defendant as family member and shareholder had legitimate basis to enter premises, and plaintiff's nearly year-long delay in seeking relief was unreasonable; balance of convenience and adequacy of damages did not favor injunction. Therefore the Sessions Court injunction was wrongly granted and is set aside; appeal allowed with no order as to costs.

Court Disposition

Appeal allowed; Sessions Court interlocutory injunction set aside; no order as to costs.

Orders

  • Appeal allowed
  • Order of Sessions Court dated 30.1.2024 granting injunction set aside