PUNCAK GALI HARMONI SDN BHD EMRAIL SDN BHD

PUNCAK GALI HARMONI SDN BHD EMRAIL SDN BHD

The ex parte injunction and originating summons were incompetent and voidable because they were commenced in breach of the mandatory moratorium under section 410(c) Companies Act 2016 and were obtained by material non-disclosure; nunc pro tunc filing did not cure the jurisdictional defect; injunction also impermissibly interfered with a government contract and provisions of the Specific Relief Act and Government Proceedings Act, therefore the ex parte order is set aside and the originating summons dismissed in limine with indemnity costs to the defendant.

Citation
BA-24NCC(ARB)-7-09/2025 (Mahkamah Tinggi)
Parties
Plaintiff: Puncak Gali Harmoni Sdn Bhd; Defendant: Emrail Sdn Bhd
Court
ARB
Jurisdiction
Malaysia
Judgment Date
2 October 2025
Case Number
BA-24NCC(ARB)-7-09/2025 (Mahkamah Tinggi)
Procedural Posture
Originating Summons for Interim Injunction Ancillary to Arbitration / Appeal From Decision Discharging Ex Parte Injunction; Interlocutory Disposal
Outcome
Ex parte injunction set aside; Originating Summons dismissed in limine; costs awarded to defendant on indemnity basis
Legal Topics
Injunctions, Statutory Moratorium, Nunc Pro Tunc, Duty of Full and Frank Disclosure, Indemnity Costs, Government Contracts, Adequacy of Damages
Source Language
Malay/English
Companies Law Arbitration Civil Procedure Insolvency/judicial Management Contract Law Public Law Specific Relief Injunctions +6 more

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Parties

Puncak Gali Harmoni Sdn Bhd

Plaintiff

Emrail Sdn Bhd

Defendant

Procedural Posture

Originating Summons for Interim Injunction Ancillary to Arbitration / Appeal From Decision Discharging Ex Parte Injunction; Interlocutory Disposal

Legal Issues

  1. 1 Whether proceedings and injunction were barred by the moratorium under section 410(c) Companies Act 2016
  2. 2 Whether the plaintiff made full and frank disclosure at the ex parte stage
  3. 3 Whether nunc pro tunc leave can cure commencement in breach of statutory moratorium

Ratio Decidendi

The ex parte injunction and originating summons were incompetent and voidable because they were commenced in breach of the mandatory moratorium under section 410(c) Companies Act 2016 and were obtained by material non-disclosure; nunc pro tunc filing did not cure the jurisdictional defect; injunction also impermissibly interfered with a government contract and provisions of the Specific Relief Act and Government Proceedings Act, therefore the ex parte order is set aside and the originating summons dismissed in limine with indemnity costs to the defendant.

Court Disposition

Ex parte injunction set aside; Originating Summons dismissed in limine; costs awarded to defendant on indemnity basis

Orders

  • The Ex Parte Injunction Order (Enclosure 8) is set aside
  • The Plaintiff's Originating Summons (Enclosure 1) is dismissed in limine