Malaysia Case Law: Decisions & Judgments

Topic

Non-joinder of parties

Legal area

Court

15 Oct 2021

CYPARK SDN BHD KNM PROCESS SYSTEMS SDN BHD

Citation

B-02(IM)(C)-552-03/2020 (Mahkamah Rayuan)
Court

IM
Case number

B-02(IM)(C)-552-03/2020 (Mahkamah Rayuan)

The Court of Appeal held that (1) the High Court has power under s.11 Arbitration Act 2005 to grant interim injunctions to preserve status quo pending arbitration but not power to grant final declarations or damages; (2) non‑joinder of the consortium co‑member was not fatal given the contract structure and Rules of Court; (3) on the facts there was a seriously arguable and strong prima facie case of unconscionability to justify injunctions restraining calls on the two bank guarantees; (4) the High Court properly attached conditions requiring the applicant to maintain validity/enforceability o…
15 Oct 2021

CYPARK SDN BHD KNM PROCESS SYSTEMS SDN BHD

Citation

B-02(C)(A)-551-03/2020 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(A)-551-03/2020 (Mahkamah Rayuan)

The Court of Appeal held that the High Court acted within its discretion under s.11 Arbitration Act 2005 to grant interim injunctions restraining the defendant from calling or receiving proceeds of the two on‑demand bank guarantees pending arbitration, subject to just conditions (including extension of BG validity); final relief such as declarations or damages lay exclusively to the arbitral tribunal and were set aside where issued; injunctions require a seriously arguable case of unconscionability or fraud, inadequacy of damages, and favorable balance of convenience, all of which the High Co…
13 Jan 2020

MOHD. HAIRIE HAIQAL BHADIF SAGAS (NRIC. No.: 730630-13-6047) (RF/135822) 1. MOHD. ZANI BIN CHE DIN (ACP G/12685) 2. MOHD. ISMAIL BIN MUSLIM (SUPT. G/11207) 3. SURUHANJAYA PASUKAN POLIS DIRAJA MALAYSIA 4. KERAJAAN MALAYSIA

Citation

BA-25-24-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-24-02/2019 (Mahkamah Tinggi)

Non-joinder of the DA did not warrant dismissal of the judicial review due to Rules of Court overriding interest of justice; the charges for absence including weekends were valid because police are deemed on duty under s 19 Police Act; the applicant did not prove that the representation was received; the 1st Respondent's decision was irrational because it simultaneously stated the representation was not received and that it had been considered, therefore certiorari was granted to quash that decision and mandamus was issued directing a new panel of the Disciplinary Authority to reconsider the…
7 Jan 2020

HS REALTY SDN BHD YEOH ENG WAH

Citation

PA-22NCVC-119-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-119-04/2019 (Mahkamah Tinggi)

The application to intervene was allowed because the proposed interveners have a plausible beneficial claim and occupy the Property, their inclusion is necessary to ensure the court can effectually and completely determine all matters in dispute and to avoid multiplicity of litigation; the low interlocutory burden for intervention was satisfied.

Malaysia Case Law

CYPARK SDN BHD KNM PROCESS SYSTEMS SDN BHD

CYPARK SDN BHD KNM PROCESS SYSTEMS SDN BHD

MOHD. HAIRIE HAIQAL BHADIF SAGAS (NRIC. No.: 730630-13-6047) (RF/135822) 1. MOHD. ZANI BIN CHE DIN (ACP G/12685) 2. MOHD. ISMAIL BIN MUSLIM (SUPT. G/11207) 3. SURUHANJAYA PASUKAN POLIS DIRAJA MALAYSIA 4. KERAJAAN MALAYSIA

HS REALTY SDN BHD YEOH ENG WAH