NATASHA MARIA BINTI AKHAMAT IMMANCAN (NO. K/P : 820107-03-5558) 1. ) INTRORICH SDN. BHD. (NO. SYARIKAT : 952286-H) 2. ) NOOR HASLINA BINTI ABDULLAH (NO. K/P : 710618-11-5026) 3. ) BAHRI BIN MOHAMAD ZIN (NO. K/P : 580304-03-5127)

NATASHA MARIA BINTI AKHAMAT IMMANCAN (NO. K/P : 820107-03-5558) 1. ) INTRORICH SDN. BHD. (NO. SYARIKAT : 952286-H) 2. ) NOOR HASLINA BINTI ABDULLAH (NO. K/P : 710618-11-5026) 3. ) BAHRI BIN MOHAMAD ZIN (NO. K/P : 580304-03-5127)

The court set aside the ex‑parte/ad‑interim injunction and dismissed the plaintiff's injunctive application because on the American Cyanamid test the balance of convenience and risk of prejudice favored defendants given the expired licence, the plaintiff's prior conduct (withdrawn suits and failure to invoke contractual termination remedies), insufficient evidence of irreparable harm, and because the dispute is governed by an arbitration clause that should be given effect; claims against the individual directors were struck out as unsustainable since obligations were those of the company.

Citation
WA-22NCVC-807-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Natasha Maria binti Akhamat Immancan; Defendant/respondent: Introrich Sdn. Bhd.; Defendant/respondent: Noor Haslina binti Abdullah; Defendant/respondent: Bahri bin Mohamad Zin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 July 2020
Case Number
WA-22NCVC-807-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Contractual Dispute With Interlocutory Applications / Judgment on Interlocutory Applications and Referral to Arbitration/stay Application
Outcome
Plaintiff's ex‑parte and ad‑interim injunction applications dismissed; applications by Defendants 2 and 3 to strike out plaintiff's claims allowed; Defendant 1's application to stay/refer the dispute to arbitration allowed; ex‑parte injunction of 29.11.2019 set aside; costs awarded to defendants.
Legal Topics
Interlocutory Injunctions, Strike Out/demurrer, Arbitrability/refer to Arbitration, Breach of Contract, Allegation of Fraud, Directors' Liability
Source Language
Malay/English
Contract Law Civil Procedure Equity and Injunctions Arbitration Law Company Law Interlocutory Injunctions Strike Out/demurrer Arbitrability/refer to Arbitration +3 more

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Parties

Natasha Maria binti Akhamat Immancan

Plaintiff/appellant

Introrich Sdn. Bhd.

Defendant/respondent

Noor Haslina binti Abdullah

Defendant/respondent

Bahri bin Mohamad Zin

Defendant/respondent

Procedural Posture

Civil Contractual Dispute With Interlocutory Applications / Judgment on Interlocutory Applications and Referral to Arbitration/stay Application

Legal Issues

  1. 1 Whether an interlocutory injunction (ex parte/ad interim) should be continued or set aside applying the American Cyanamid principles
  2. 2 Whether claims against individual directors (Defendants 2 and 3) are maintainable or should be struck out
  3. 3 Whether the dispute is referable to arbitration under the Project Venture Agreement clause 16

Ratio Decidendi

The court set aside the ex‑parte/ad‑interim injunction and dismissed the plaintiff's injunctive application because on the American Cyanamid test the balance of convenience and risk of prejudice favored defendants given the expired licence, the plaintiff's prior conduct (withdrawn suits and failure to invoke contractual termination remedies), insufficient evidence of irreparable harm, and because the dispute is governed by an arbitration clause that should be given effect; claims against the individual directors were struck out as unsustainable since obligations were those of the company.

Court Disposition

Plaintiff's ex‑parte and ad‑interim injunction applications dismissed; applications by Defendants 2 and 3 to strike out plaintiff's claims allowed; Defendant 1's application to stay/refer the dispute to arbitration allowed; ex‑parte injunction of 29.11.2019 set aside; costs awarded to defendants.

Orders

  • Plaintiff's application (Lampiran 6) for injunctive relief dismissed
  • Defendants Second and Third (Lampiran 8) applications to strike out the plaintiff's claims allowed with costs RM3000.00 subject to taxation