Malaysia Case Law: Decisions & Judgments

Topic

Ad interim injunction

Legal area

Court

13 Jun 2025

1. ) LEE HYEN SIP @ SIMON 2. ) ANEKA MEGA SDN BHD 3. ) MAJU BOSKU SDN BHD 4. ) GOLDEN LEADER SDN BHD 5. ) KUKUH MAJU SDN BHD 6. ) SUPER BEST SDN BHD 7. ) MASTER CITY SDN BHD 1. ) SEE HONG CHEEN @ SEE HONG CHEN 2. ) SEE FONG SENG 3. ) LEGA M

Citation

BA-22NCvC-63-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-63-02/2025 (Mahkamah Tinggi)

Because the 1st Plaintiff was an undisputed director and section 245(4) and (8) CA confer an entitlement to inspect records and permit auditor inspection subject to undertaking, the Court correctly granted the ad interim orders permitting the 1st Plaintiff, his solicitors and an approved company auditor to inspect and copy the companies' records pending the inter partes hearing; the defendants' refusal to facilitate access justified scrutiny and relief on balance of convenience.
29 Apr 2025

Tan Sri Dato' Kam Woon Wah 1. ) Dato' Sri Andrew Kam Tai Yeow 2. ) Hannah Kam Zhen Yi

Citation

WA-22NCvC-822-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-822-12/2021 (Mahkamah Tinggi)

The 2nd Defendant's application (Encl. 32) was dismissed because the ad interim injunction was granted inter-partes and extended pending disposal of the main application; the Court found Encl. 32 to be an abusive, duplicative attempt to obtain a second bite after the appeal was dismissed, and therefore the application failed and costs were awarded to the Plaintiff.
14 Apr 2025

1. ) LOW HUEI YING 2. ) ERNEST MORGAN FERNAND LOW MATHY menyaman melalui ibunya dan next of friend Low Huei Ying Andrew Gregory Sewell (Beramal Di Bawah Nama Dan Gaya Tetuan Andrew Sewell) PIHAK KETIGA 1. ) MALAYAN BANKING BERHAD 2. ) MAYBA

Citation

WA-22NCvC-257-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-257-05/2022 (Mahkamah Tinggi)

The court allowed the plaintiffs' interlocutory injunction (Enclosure 4) because the plaintiffs demonstrated a bona fide serious issue to be tried involving confidential solicitor-client information and ongoing Belgium proceedings, damages were inadequate and the balance of convenience favored preserving the status quo; the defendant's application to rescind the ad interim order (Enclosure 16) failed because the ad interim order was validly made pending inter partes hearing and became academic upon disposal of Enclosure 4; the committal application (Enclosure 272) failed because the defendant…
21 Feb 2025

1. ) LOW HUEI YING 2. ) ERNEST MORGAN FERNAND LOW MATHY menyaman melalui ibunya dan next of friend Low Huei Ying Andrew Gregory Sewell (Beramal Di Bawah Nama Dan Gaya Tetuan Andrew Sewell) PIHAK KETIGA 1. ) MALAYAN BANKING BERHAD 2. ) MAYBA

Citation

WA-22NCvC-257-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-257-05/2022 (Mahkamah Tinggi)

The court found the plaintiffs had demonstrated a bona fide serious issue and that the balance of convenience favoured granting a prohibitory interim injunction to preserve the status quo; the defendant failed to prove beyond reasonable doubt that the plaintiffs' affidavits were false or that there was intent to obstruct justice, therefore the ad interim order was not rescinded and the committal application was dismissed.
21 Feb 2025

1. ) LOW HUEI YING 2. ) ERNEST MORGAN FERNAND LOW MATHY menyaman melalui ibunya dan next of friend Low Huei Ying Andrew Gregory Sewell (Beramal Di Bawah Nama Dan Gaya Tetuan Andrew Sewell) PIHAK KETIGA 1. ) MALAYAN BANKING BERHAD 2. ) MAYBA

Citation

WA-22NCvC-257-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-257-05/2022 (Mahkamah Tinggi)

Court found plaintiffs disclosed a bona fide serious issue and that balance of convenience favored injunctive relief because defendant's threatened disclosures to prejudice Belgium proceedings would cause irreparable harm; there was no evidence of bad faith or failure of full and frank disclosure by plaintiffs warranting rescission; defendant failed to prove 48 alleged contempts beyond reasonable doubt; accordingly Enclosure 4 (injunction) allowed (excluding prayers v and vi), Enclosures 16 and 272 dismissed with costs.
6 Aug 2024

RAMAN A/L PALANIAPPAN 1. ) TAMIL SELVEN A/L KANDASAMY 2. ) SUBRAMANIAM A/L NARAYANAN 3. ) PUSPANATHAN A/L MASSAP 4. ) DAVENDRAN A/L MURTHY 5. ) DARMAKOUNDER A/L MUNISAMY 6. ) ARIKRISHNAN A/L GOPAL PENCELAH DICADANGKAN 1. ) Jayendran A/l Jay

Citation

CB-22NCvC-14-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCvC-14-07/2024 (Mahkamah Tinggi)

Given that only the presidential post had been filled and no functioning committee existed, and having regard to the Association's constitution and the need to protect members' interests and Association assets pending full hearing, the court exercised its jurisdiction to grant a limited ad interim injunction: (i) the Plaintiff is permitted to manage and perform the duties of the Association's committee pending disposal of KM 8; (ii) the First Defendant and his agents are restrained from involving themselves in management; and (iii) the First Defendant and his agents are restrained from enteri…
12 Dec 2023

XORIX SDN BHD 1. ) SMEB ASSET MANAGEMENT SDN BHD 2. ) ANDREW HENG 3. ) KUMARAKURU A/L JAI PRAKASH KRISHNAN 4. ) AZAHARIE SIMAN

Citation

WA-22NCC-633-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-633-08/2023 (Mahkamah Tinggi)

The court exercised its discretion to grant the ad interim injunction to preserve the status quo pending the inter partes hearing because the plaintiff demonstrated a real risk of irreparable commercial prejudice, provided an undertaking for damages, and preservation was consistent with the court's statutory powers under s.25(2) and the Schedule; delay by the creditor in enforcing judgments reduced any claim of irreparable harm to the defendants.
12 Dec 2023

XORIX SDN BHD 1. ) SMEB ASSET MANAGEMENT SDN BHD 2. ) ANDREW HENG 3. ) KUMARAKURU A/L JAI PRAKASH KRISHNAN 4. ) AZAHARIE SIMAN

Citation

WA-22NCC-633-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-633-08/2023 (Mahkamah Tinggi)

The court exercised its discretion to grant ad interim injunctions to preserve the status quo because the plaintiff demonstrated a real risk of irreparable commercial prejudice from the disputed appointment of receivers and managers, offered an undertaking as to damages to address respondent prejudice, and the balance of convenience favoured preserving the business pending inter partes resolution.
20 Jan 2023

1. ) KWONG HING ENTERPRISES SDN BHD 2. ) SYMPHONY HARMONY SDN BHD DIAMOND C MANAGEMENT CORPORATION

Citation

WA-22NCvC-562-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-562-10/2022 (Mahkamah Tinggi)

On a prima facie assessment the plaintiffs established a proprietary right of access and a real risk of irreparable harm from continued closure; the defendant failed to show special circumstances or lawful authority to deprive access. Therefore an ad interim injunction to keep the roller shutters open 24/7 pending inter partes hearing was justified to preserve the status quo.
17 Mar 2022

1. ) SIM KOOI CHUAN 2. ) SIM KOOI LIM 3. ) SIM KOOI SUN 4. ) SIM KOOI TIN @ GARMAN KOOI TIN 5. ) SIM KOOI LENG @ TAN KOOI LENG NELSON SIM PING HUN

Citation

PA-22NCvC-147-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-147-06/2019 (Mahkamah Tinggi)

The judge found plaintiffs raised bona fide serious questions to be tried and that damages would not be an adequate remedy; there was no evidence of plaintiffs' bad faith or inequitable conduct to justify dissolving the ad interim injunction; the defendant failed to demonstrate a sufficient risk of loss or legal basis for the speculative losses alleged, so fortification of the plaintiffs' undertaking (RM20,000,000) was unjustified and refused; accordingly the interim injunction was granted while fortification and the application to set aside the ad interim injunction were dismissed.