2 Oct 2025
PUNCAK GALI HARMONI SDN BHD EMRAIL SDN BHD
- Citation
- BA-24NCC(ARB)-7-09/2025 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-24NCC(ARB)-7-09/2025 (Mahkamah Tinggi)
The ex parte injunction and originating summons were incompetent and voidable because they were commenced in breach of the mandatory moratorium under section 410(c) Companies Act 2016 and were obtained by material non-disclosure; nunc pro tunc filing did not cure the jurisdictional defect; injunction also impermissibly interfered with a government contract and provisions of the Specific Relief Act and Government Proceedings Act, therefore the ex parte order is set aside and the originating summons dismissed in limine with indemnity costs to the defendant.