LIEW CHUI HAR 1. ) LIEW CHUI HAR 2. ) CHIN KHING FEI (as partners under the name and style of Zenith Face & Body Wellness)

LIEW CHUI HAR 1. ) LIEW CHUI HAR 2. ) CHIN KHING FEI (as partners under the name and style of Zenith Face & Body Wellness)

Although there are serious issues to be tried (character of RM500,000, existence and legality of the Settlement Agreement, and related disputes), the balance of convenience favors the 2nd Defendant because the plaintiff's claim is essentially monetary, the Settlement Agreement and SPA were unsigned and not established as concluded, the Property is not shown to be integral to the claim to the extent requiring preservation, damages are an adequate remedy, and granting the preservation order would unfairly circum­vent the Interpleader OS; accordingly the interim injunction/preservation order is refused and the application dismissed.

Citation
WA-22NCVC-416-07/2020 (Mahkamah Tinggi)
Parties
Plaintiff: LIEW CHUI HAR; 1st Defendant: LOW WEE WEE; 2nd Defendant: CHIN KHING FEI; Defendant (counterclaim): TAN CHAP; Defendant (counterclaim): MESSRS TAN CHAP & ASSOCIATES
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 May 2021
Case Number
WA-22NCVC-416-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil: Application for Interim Injunction/preservation Order / Inter Partes Application Heard; Application Dismissed
Outcome
Application for interim injunction/preservation order dismissed
Legal Topics
Interim Injunction, Preservation Order, Specific Performance, Partnership Dispute, Sale and Purchase Agreement, Money Lending Legality, Damages, Interpleader
Source Language
Malay/English
Civil Procedure Contract Specific Relief Partnership Law Property Law Interim Injunction Preservation Order Specific Performance +5 more

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Parties

LIEW CHUI HAR

Plaintiff

LOW WEE WEE

1st Defendant

CHIN KHING FEI

2nd Defendant

TAN CHAP

Defendant (counterclaim)

MESSRS TAN CHAP & ASSOCIATES

Defendant (counterclaim)

Procedural Posture

Civil: Application for Interim Injunction/preservation Order / Inter Partes Application Heard; Application Dismissed

Legal Issues

  1. 1 Whether there is a bona fide serious issue to be tried
  2. 2 Whether the Property is integral to the plaintiff's claim or the claim is essentially monetary
  3. 3 Whether there was a concluded contract/Settlement Agreement to transfer the Property

Ratio Decidendi

Although there are serious issues to be tried (character of RM500,000, existence and legality of the Settlement Agreement, and related disputes), the balance of convenience favors the 2nd Defendant because the plaintiff's claim is essentially monetary, the Settlement Agreement and SPA were unsigned and not established as concluded, the Property is not shown to be integral to the claim to the extent requiring preservation, damages are an adequate remedy, and granting the preservation order would unfairly circum­vent the Interpleader OS; accordingly the interim injunction/preservation order is refused and the application dismissed.

Court Disposition

Application for interim injunction/preservation order dismissed

Orders

  • Enc 55 dismissed
  • Plaintiff ordered to pay costs of RM5,000 to each of the Defendants