Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Undertaking in damages

Legal area

Court

20 Apr 2022

SKY BLUE MEDIA SDN BHD GOH SIN TECK

Citation

WA-22NCvC-657-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-657-10/2018 (Mahkamah Tinggi)

Where there was no court judgment directing that damages be assessed and the undertaking was given to the court (not to the defendant), the undertaking could not be enforced by an application under Order 37; therefore the defendant's application to assess damages was dismissed.
11 Feb 2020

1. Yong Kok Wah (NRIC No: 760511-02-5691) 2. Organic Cycle Industries Sdn Bhd (Company No: 248143-K) 1. Teh Chee Yong (NRIC No:880809-08-6637) 2. Lim Chin Xiang (NRIC No:950814-08-5429)

Citation

PA-22NCVC-217-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-217-10/2019 (Mahkamah Tinggi)

Although a bona fide serious issue existed and the balance of convenience otherwise favoured maintaining the status quo, the court refused the interim injunction because the plaintiffs were parties to and had a common intention in creating the sham agreement that cloaked an illegal money‑lending transaction; public interest and equitable discretion prohibit granting injunctive relief to parties complicit in the wrongdoing.