Malaysia Case Law: Decisions & Judgments

Topic

Preservation of status quo

Legal area

Court

9 Sept 2025

1. ) MK COOLING SERVICES 2. ) KOK YOKE MEI CHONG KEK FONG

Citation

BA-22NCvC-435-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-435-10/2019 (Mahkamah Tinggi)

The application to stay execution was allowed because special circumstances existed: both parties’ appeals are part-heard and fixed to resume, execution and particularly an account-taking would irreversibly disclose information and destroy the substratum of the appeals, there was no urgency as the defendant delayed filing the account application for over two years, and the alleged contempt was unproven and did not bar the plaintiffs from being heard; accordingly justice required preserving the status quo pending disposal of the appeals.
11 Aug 2025

1. ) Mutiara Securities Services Sdn Bhd 2. ) Rayan Sanjev Barr Kumarakulasinghe 3. ) Santhi R. Mahendra Rajah Steven Gregory

Citation

BA-23NCvC-24-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-23NCvC-24-04/2024 (Mahkamah Tinggi)

The court found the plaintiffs failed to discharge the high burden required to commit the defendant for contempt at the interlocutory stage given defects and disputes over service, timing and clarity of the injunction terms and the defendant provided satisfactory explanations; therefore the committal application (Kand.36) is dismissed and the defendant's application (Kand.73) is allowed, with costs to be paid by the plaintiffs.
30 Jan 2024

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

Citation

WA-22NCC-868-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-868-11/2023 (Mahkamah Tinggi)

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.
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.
21 Feb 2023

ZAKRI AFANDI BIN ISMAIL 1. ) IKWAN HAFIZ BIN JAMALUDIN 2. ) ALPINE MOTION SDN. BHD.

Citation

WA-22NCC-21-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-21-01/2022 (Mahkamah Tinggi)

The injunctions were granted because the pleaded facts disclosed a prima facie cause of action and bona fide serious issues to be tried regarding the validity of the share transfers and removal as director; the balance of convenience favored preserving the Subject Shares pending trial because irreparable harm to the plaintiff’s commercial interests (including his role and liabilities in NUR Power) outweighed the defendants' prejudice which could be compensated by costs; delay was explained and not inexcusable; therefore interlocutory injunctions to restrain dealings with the Subject Shares we…
30 May 2022

Tetap Tiara Sdn Bhd Perbadanan Pengurusan Jaya One PENCELAH 1. ) Pavillion Summit 2. ) BEYOND INSIGHTS SDN BHD 3. ) FLAGSHIP ESTATE SDN BHD 4. ) MANLINK INTERNATIONAL SDN BHD 5. ) WORLDWIDE EMERGENCY ASSISTANCE (MALAYSIA) SDN BHD 6. ) Chu C

Citation

WA-24NCvC-2310-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2310-11/2021 (Mahkamah Tinggi)

The stay application was dismissed because the plaintiff failed to demonstrate special circumstances tied to enforcement of any appealed judgment; the appeals did not ipso facto justify a stay; the originating summons constituted duplicity of proceedings and amounted to an abuse of process; balance of convenience did not favor a stay.
14 Dec 2021

1. ) KUA KHAI SHYUAN 2. ) HO JIEN SHIUNG 3. ) PANG CHOW HUAT EQUITIES FIRST HOLDINGS, LLC

Citation

WA-24NCC-330-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-330-08/2020 (Mahkamah Tinggi)

The court dismissed the amendment applications because plaintiffs delayed almost two months after revelation of disposal without cogent explanation, undermining bona fides; the proposed amendments would change the nature of the proceedings by introducing mandatory relief amounting to final relief (specific performance) requiring a higher threshold and were unnecessary or academic given termination of the agreements and pending arbitration; plaintiffs failed to establish a valid cause of action or satisfy the preconditions under s11 Arbitration Act 2005 and failed to show that damages would be…
20 Apr 2021

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD (NO. SYARIKAT : 49572-H) (Dahulunya dikenali sebagai Bank Perusahaan Kecil Dan Sederhana Malaysia Berhad) 1. ) NORTH SOUTH SPEED SDN BHD (NO. SYARIKAT: 497007-W) 2. ) CHONG MENG LOONG

Citation

WA-22NCVC-296-05/2016 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-296-05/2016 (Mahkamah Tinggi)

The court found special circumstances existed to justify a stay of execution because enforcement of the judgment (including taking possession of 11 buses) would render the defendants' appeal nugatory, cause irreparable commercial and regulatory prejudice (loss of permits and licences), and potentially result in unjust enrichment of the plaintiff; accordingly the stay was granted citing Kosma Palm Oil Mill principles.