Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Strata titles act

Legal area

Court

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.
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)

Interim injunctions were justified because the plaintiffs established a bona fide serious issue that the Defendant's closure of the sole vehicle entrance unlawfully interfered with the proprietor's exclusive rights under the National Land Code and STA; damages would be inadequate; balance of convenience favoured preserving access pending trial; therefore the roller shutters must be kept open 24/7 and the Defendant restrained from taking steps that would affect plaintiffs' use pending trial.