Malaysia Case Law: Decisions & Judgments

Topic

Fortification/security for undertaking

Legal area

Court

5 Jun 2024

Samsung C&T Corporation UEM Construction JV Sdn Bhd Global Wall (Malaysia) Sdn Bhd

Citation

W-02(IM)(C)-859-05/2023 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(C)-859-05/2023 (Mahkamah Rayuan)

The Court held the timing and circumstances surrounding the appellant's demand on the bank guarantee gave rise to a seriously arguable inference of unconscionability justifying an interim injunction restraining the call; an undertaking as to damages by the respondent was required; the fortification (security deposit) application was dismissed; appeals 857 and 858 were dismissed and appeal 859 was allowed in part to record the undertaking as to damages; costs were awarded.
17 Mar 2022

1. ) SIM KOOI CHUAN 2. ) SIM KOOI LIM 3. ) SIM KOOI SUN 4. ) SIM KOOI TIN @ GARMAN KOOI TIN 5. ) SIM KOOI LENG @ TAN KOOI LENG NELSON SIM PING HUN

Citation

PA-22NCvC-147-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-147-06/2019 (Mahkamah Tinggi)

The judge found plaintiffs raised bona fide serious questions to be tried and that damages would not be an adequate remedy; there was no evidence of plaintiffs' bad faith or inequitable conduct to justify dissolving the ad interim injunction; the defendant failed to demonstrate a sufficient risk of loss or legal basis for the speculative losses alleged, so fortification of the plaintiffs' undertaking (RM20,000,000) was unjustified and refused; accordingly the interim injunction was granted while fortification and the application to set aside the ad interim injunction were dismissed.

Malaysia Case Law

Samsung C&T Corporation UEM Construction JV Sdn Bhd Global Wall (Malaysia) Sdn Bhd

1. ) SIM KOOI CHUAN 2. ) SIM KOOI LIM 3. ) SIM KOOI SUN 4. ) SIM KOOI TIN @ GARMAN KOOI TIN 5. ) SIM KOOI LENG @ TAN KOOI LENG NELSON SIM PING HUN