1 Oct 2020
Abd Rahman Bin Soltan & 3 Lagi Federal Land Development Authority & 1 Lagi
- Citation
- WA-22NCVC-843-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-843-11/2019 (Mahkamah Tinggi)
As a non‑party to the arbitration agreement FELDA satisfied the lower threshold for an anti‑arbitration injunction by showing serious issues to be tried (notably the alleged invalidity of the Development Agreement for lack of Ministerial approval and the potential nullity of dependent instruments), that the balance of convenience favored restraining arbitration because arbitration would affect FELDA’s proprietary rights and risk inconsistent findings and multiplicity of proceedings, and that damages would be inadequate given SPSB’s inability to demonstrate capacity to pay. Accordingly the cou…