Malaysia Case Law: Decisions & Judgments

Topic

Setting aside injunction

Legal area

Court

21 Apr 2025

1. ) TADMANSORI HOLDINGS SDN. BHD. 2. ) DATUK SERI UTAMA TENGKU ADNAN BIN TENGKU MANSOR 3. ) DATO' DR. TENGKU RETHWAN BIN TENGKU MANSOR 1. ) DANCOM TELECOMMUNICATIONS (M) SDN. BHD. 2. ) THREE WELLS HOLDINGS SDN. BHD. 3. ) DATUK LIU THIM SOO

Citation

WA-22NCC-332-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-332-05/2024 (Mahkamah Tinggi)

Court struck out the writ and Amended Statement of Claim because the plaintiffs failed to establish that the sale was a sham; contemporaneous documents, supplemental agreement, post‑acquittal conduct and full payment instalments demonstrate a genuine sale such that the plaintiffs' allegations are frivolous or unsustainable and the burden to displace in pari delicto via the Patel considerations was not discharged.
11 Sept 2023

CHERY AUTOMOBILE RUS 1. ) AH SHIN SHIPPING SA 2. ) DORIKO LTD

Citation

WA-24NCC-242-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-242-04/2023 (Mahkamah Tinggi)

The court held the setting aside application failed: the plaintiff did not withhold material facts which would have led to refusal of the ex‑parte orders because events in February were superseded by April communications and executed access agreements; urgency and risk to irreplaceable evidence justified the ex‑parte injunction; the requirements of Order 29 Rule 1(2A) were satisfied and balance of convenience favored maintaining the injunction.
6 Sept 2023

PELANGI PRESTASI SDN BHD 1. ) SABAH FOREST INDUSTRIES SDN BHD 2. ) Dato Narendrakumar A/L Chunilal Rugnah 3. ) GRAND THORNTON CONSULTING SDN BHD 4. ) LAI CHEE CHUEN

Citation

WA-22NCvC-630-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-630-09/2021 (Mahkamah Tinggi)

Pursuant to Order 34(1) the Court exercised its power to direct the future course of the action and concluded that, for just, economical and expeditious disposal, the Plaintiff's substantive claim and the assessment of damages should be consolidated and heard together at a full trial.
19 May 2022

NIP GLOBAL LOGISTICS (M) SDN BHD ARL HOMECOMM SDN BHD BUKAN PIHAK-PIHAK CROWE MALAYSIA PLT

Citation

WA-22NCvC-415-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-415-06/2021 (Mahkamah Tinggi)

Defendant failed to prove non-disclosure of material facts or a genuine material change in circumstances; the injunction and appointment of the independent accountant were granted after full and frank disclosure and affirmed by the Court of Appeal; disputes over termination, ownership and alleged fraud are contested issues for trial; complaints about the accountant do not justify setting aside the injunction; accordingly the setting-aside application (enclosure 87) is dismissed with costs in the cause.
28 May 2020

Digital Tempo Sdn Bhd PengangkutanAwam Putrajaya Travel & Tours Sdn Bhd

Citation

BA-22NCC-16-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-16-01/2020 (Mahkamah Tinggi)

The court found the plaintiff had pleaded sufficient causes of action (injunction, declaration, damages) and had made full disclosure relevant to the ex parte application; the defendant's application to set aside the ex parte injunction was dismissed as there was no deliberate non-disclosure or mala fides and the balance of convenience favoured preserving the status quo; accordingly the interlocutory injunction was maintained on terms and the defendant's procedural attempt to summarily dispose of the suit by merging stages was defective.

Malaysia Case Law

1. ) TADMANSORI HOLDINGS SDN. BHD. 2. ) DATUK SERI UTAMA TENGKU ADNAN BIN TENGKU MANSOR 3. ) DATO' DR. TENGKU RETHWAN BIN TENGKU MANSOR 1. ) DANCOM TELECOMMUNICATIONS (M) SDN. BHD. 2. ) THREE WELLS HOLDINGS SDN. BHD. 3. ) DATUK LIU THIM SOO

CHERY AUTOMOBILE RUS 1. ) AH SHIN SHIPPING SA 2. ) DORIKO LTD

PELANGI PRESTASI SDN BHD 1. ) SABAH FOREST INDUSTRIES SDN BHD 2. ) Dato Narendrakumar A/L Chunilal Rugnah 3. ) GRAND THORNTON CONSULTING SDN BHD 4. ) LAI CHEE CHUEN

NIP GLOBAL LOGISTICS (M) SDN BHD ARL HOMECOMM SDN BHD BUKAN PIHAK-PIHAK CROWE MALAYSIA PLT

Digital Tempo Sdn Bhd PengangkutanAwam Putrajaya Travel & Tours Sdn Bhd