Malaysia Case Law

13 Dec 2021

WA-24NCVC-2242-11/2021 (Mahkamah Tinggi)

Citation

WA-24NCVC-2242-11/2021 (Mahkamah Tinggi)

Court

High Court

Case number

WA-24NCVC-2242-11/2021 (Mahkamah Tinggi)

The ex-parte interim injunction was lawfully set aside because O.29 r.1(2C) prohibits ex-parte orders that stop or impede the holding or progress of an association meeting and because the plaintiff failed to make full and frank disclosure of material facts; accordingly the injunction was obtained improperly and must be set aside.

• Interim injunction
• Ex-parte injunction
• Duty of full and frank disclosure
• Rules of court o.29 r.1(2c)
• Setting aside orders

23 Jun 2021

MOHD MUSA BIN PAIJAN 1. AZROL BIN MOHAMAD 2. MOHD IRFAN AZRIN BIN MUSTAFAR PIHAK KETIGA MAYBANK ISLAMIC BERHAD & MALAYAN BANKING BERHAD

Citation

A52NCC-398-09-2020 Encl 31 (Mahkamah Sesyen)

Court

Sessions Court

Case number

A52NCC-398-09-2020 Encl 31 (Mahkamah Sesyen)

The injunction application was dismissed because a court will not grant an injunction to restrain a final order made by the same court (functus officio); the applicant must pursue an appeal or seek a stay; the application constituted multiplicity and abuse of process and failed to meet interlocutory injunction criteria.

• Ex-parte injunction
• Functus officio
• Multiplicity of proceedings
• Costs
• Appeal/stay

5 Aug 2020

MANJUNG AQUA FARMING SDN. BHD. (NO. SYARIKAT : 778622-P) 1. ) 1. YONG KWAI HEONG (NO. K/P : 761231-08-6208) 2. ) 2. EMPEROR MARINE SEAFOOD SDN. BHD. (NO. SYARIKAT : 913431-K)

Citation

WA-24NCVC-2619-12/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-24NCVC-2619-12/2019 (Mahkamah Tinggi)

The Anton Piller ex-parte order was set aside and the plaintiff's amended writ dismissed because the plaintiff failed to disclose an extremely strong prima facie case and did not make full and frank disclosure of material facts (including that the premises were an off-site storage address under s47(2)), and there was no sufficient evidence of a real risk of destruction or that records remained in the defendants' possession; the ex-parte search order was therefore disproportionate and liable to be overturned.

• Anton piller order
• Ex-parte injunction
• Duty of full and frank disclosure
• S47(2) companies act 2016
• S245 companies act 2016
• Proportionality of search orders

15 Oct 2019

1. WANG ZHI YU 2. TEH WEI KIAN 1. TEO SUNG NGIAP 2. TEO KIM CHUANG 3. TEO SOON KEE 4. GARY KUO YIN HO 5. ROSA BIANCA INVESTMENT LIMITED 6. TEH CHIAO EING, VALARIE 7. WU KWOK YING, MARIA

Citation

WA-22NCC-443-08/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCC-443-08/2019 (Mahkamah Tinggi)

Plaintiffs failed to establish a serious question to be tried on ownership of the single Rosa Bianca share or on alleged fraudulent transfers and further materially non‑disclosed the BVI Stop Notice; on that basis the interlocutory relief was unjustified and the ex‑parte and ad‑interim injunctions were set aside and the interim application dismissed.

• Interim injunction
• Ex-parte injunction
• Set aside ex-parte order
• Fraudulent transfer of shares
• Nominee/shareholding disputes
• Assessment of damages

AMIN NORBIDIN BIN SAID & 244 ORS. V. TANAH AMAN SDN. BHD.

Citation

AMIN NORBIDIN BIN SAID & 244 ORS. V. TANAH AMAN SDN. BHD.

Court

Malaysian court

Court found plaintiffs had a real prospect of success on triable issues, damages would be inadequate given the substantial sum claimed, and the balance of convenience favoured plaintiffs because of a real and unchallenged risk of dissipation of defendant's funds; consequently an interim injunction (initially ex-parte and extended inter partes) was justified and the restrained sum was ordered deposited in plaintiffs' solicitors' client account with interest until trial.

• Interim injunction
• Ex-parte injunction
• Balance of convenience
• Undertaking as to damages
• Overcharging/pricing discrimination
• Housing developers (control and licensing) act