4 Mar 2022
Panzana Enterprise Sdn Bhd Turnpike Synergy Sdn Bhd
- Citation
- BA-24C-9-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-9-03/2021 (Mahkamah Tinggi)
The originating summons seeking declarations and perpetual injunctions was dismissed because under a binding arbitration agreement the High Court may only grant interim measures under s11 Arbitration Act 2005 and cannot grant final declaratory or perpetual relief; further, the plaintiff failed to establish statutory inability under Act 829 and failed to prove unconscionability of the defendant's lawful written demands on two unconditional on‑demand bank guarantees, and the ex parte injunction was set aside for nondisclosure and material misrepresentation in applicant's affidavit.