ONG CHING FONG 1. ) MATRIX TRIUMPH SDN BHD 2. ) DISCOVER ORIENT HOLIDAYS SDN BHD 3. ) FUNG CHUNG YUEN, STEVE PENCELAH LOO BEE HONG

ONG CHING FONG 1. ) MATRIX TRIUMPH SDN BHD 2. ) DISCOVER ORIENT HOLIDAYS SDN BHD 3. ) FUNG CHUNG YUEN, STEVE PENCELAH LOO BEE HONG

The court, exercising its jurisdiction under the Arbitration Act 2005 and its inherent power to grant interim measures in aid of arbitration, stayed the writ proceedings under s10 by agreement and granted injunctive reliefs to preserve the board composition and to restrain operation of specified company accounts and cards because such measures were necessary to protect DOH's operations and to preserve the integrity and effectiveness of the arbitration process; the injunctions were granted subject to undertakings and with costs RM25,000 awarded against Matrix and Steve jointly and severally.

Citation
WA-22NCC-868-11/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Ong Ching Fong; 1st Defendant / Plaintiff (os): Matrix Triumph Sdn Bhd; 2nd Defendant: Discover Orient Holidays Sdn Bhd; 3rd Defendant: Steve Fung Chung Yuen
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2024
Case Number
WA-22NCC-868-11/2023 (Mahkamah Tinggi)
Procedural Posture
Commercial Litigation (writ and Originating Summons) Concerning Share Sale Agreement and Arbitration / Interim Injunction Hearing and Stay Application Heard; Stay Under Arbitration Act S10 Granted; Interlocutory Injunctions Granted Subject to Undertakings and Costs
Outcome
Stay of Suit WA-22NCC-868-11/2023 granted under Arbitration Act 2005 s10; Injunction Application granted in terms subject to undertakings; costs awarded against Matrix and Steve jointly and severally
Legal Topics
Specific Performance, Share Sale Agreement, Arbitration Clause and Stay, Interim Injunctive Relief, Preservation of Status Quo, Directors' Authority and Company Bank Accounts, Costs
Source Language
Malay/English
Contract Company Law Arbitration Injunctions Commercial Law Specific Performance Share Sale Agreement Arbitration Clause and Stay +4 more

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Parties

Ong Ching Fong

Plaintiff

Matrix Triumph Sdn Bhd

1st Defendant / Plaintiff (os)

Discover Orient Holidays Sdn Bhd

2nd Defendant

Steve Fung Chung Yuen

3rd Defendant

Procedural Posture

Commercial Litigation (writ and Originating Summons) Concerning Share Sale Agreement and Arbitration / Interim Injunction Hearing and Stay Application Heard; Stay Under Arbitration Act S10 Granted; Interlocutory Injunctions Granted Subject to Undertakings and Costs

Legal Issues

  1. 1 Whether the court should stay the court proceedings under s10 of the Arbitration Act 2005 and refer disputes to arbitration
  2. 2 Whether the court may grant interim injunctions in aid of arbitration to preserve the status quo and protect the arbitral process
  3. 3 Whether the plaintiff had completed payments under the Share Sale Agreement such that specific performance should follow (to be determined at arbitration)

Ratio Decidendi

The court, exercising its jurisdiction under the Arbitration Act 2005 and its inherent power to grant interim measures in aid of arbitration, stayed the writ proceedings under s10 by agreement and granted injunctive reliefs to preserve the board composition and to restrain operation of specified company accounts and cards because such measures were necessary to protect DOH's operations and to preserve the integrity and effectiveness of the arbitration process; the injunctions were granted subject to undertakings and with costs RM25,000 awarded against Matrix and Steve jointly and severally.

Court Disposition

Stay of Suit WA-22NCC-868-11/2023 granted under Arbitration Act 2005 s10; Injunction Application granted in terms subject to undertakings; costs awarded against Matrix and Steve jointly and severally