19 Jun 2020
A.F.S. ENGINEERING (MALAYSIA) SDN BHD MRCB BUILDERS SDN BHD
- Citation
- WA-24C-49-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-49-02/2020 (Mahkamah Tinggi)
The ex‑parte injunction was set aside for material non‑disclosure by the Plaintiff of contemporaneous communications and defect notices which, had they been disclosed, would have prevented grant of the injunction; on the merits the Plaintiff failed to show unconscionable conduct by the Defendant to justify restraining a contractual, unconditional first‑demand call on the bank guarantee, and the Plaintiff's reliance on s 11 AA 2005 was an abuse where arbitration had not been commenced and no explanation for delay provided.