Malaysia Case Law: Decisions & Judgments

Topic

Interim mandatory injunction

Legal area

Court

20 Jun 2025

WONG LIAN SOON 1. ) TAN HOCK SENG 2. ) VICTOR TAN HAN FUNG 3. ) VANESSA TAN YEE JUEEN

Citation

JA-A52NCvC-36-01/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-36-01/2025 (Mahkamah Sesyen)

The application under Order 92 r4 was an abuse of process because specific procedural mechanisms existed to obtain the relief sought; the causes of action in the prior judgment (MS 03) and the present suit are different so the prior judgment was not determinative of issues here; therefore the defendants' application had no merit and is dismissed with costs.
27 May 2024

LEMBAGA PELABUHAN KLANG YWG INTERNATIONAL SDN BHD

Citation

BL-22NCvC-28-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-28-07/2023 (Mahkamah Tinggi)

The court found there was a bona fide serious issue to be tried and that the defendant had materially breached the conditional lease terms by occupying beyond permitted simulation and subletting to third parties, creating a real risk to the plaintiff's proprietary interests; on balance of convenience the plaintiff was entitled to a mandatory interim injunction for delivery of vacant possession subject to plaintiff providing an undertaking as to damages, and the court ordered delivery within seven days and assessed costs of the application at RM5,000.
14 May 2024

KLIFE GLOBAL SDN BHD GREEN RAY TECHNOLOGY SDN BHD

Citation

AB-22NCvC-23-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AB-22NCvC-23-10/2022 (Mahkamah Tinggi)

The court held that the plaintiff proved beyond reasonable doubt that Proposed Contemnors 1 and 2 (directors) wilfully permitted and contributed to the defendant company's breach of the unvaried court order; personal service was properly dispensed with due to evasion and constructive knowledge; accordingly the two directors were guilty of contempt and liable to punishment, while the third proposed contemnor was not a director at the material time and proceedings against him were terminated.
2 Feb 2024

1. ) Hun Tee Siang (Menyaman Atas Kapasitinya Sebagai Pemegang Jawatan Di Persatuan Penduduk Country Heights Damansara, Kuala Lumpur) 2. ) ALINA YEE PIN TEH 3. ) HOFFEN YIH BEN TEH 4. ) LOO SIN SOO 5. ) CHEW KWI HOON 6. ) LAI CHOON YEN 7. )

Citation

WA-22NCvC-371-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-371-07/2022 (Mahkamah Tinggi)

The court maintained the interim mandatory injunction because Plaintiffs showed an unusually sharp and clear case supported by an unpurged contempt finding, assets existed in jurisdiction and there was a real risk of dissipation; however the Mareva injunction was set aside as oppressive and disproportionate because it would unduly prevent Defendants from accessing assets necessary to comply with obligations and complete works, therefore the mandatory injunction was extended until disposal while the Mareva injunction was revoked.
18 Nov 2019

1. Soo Hoi Ling (co-administrator of the Estate of Khoh Liak Teng) 2. Khoh Ching Yi (suing by next friend, Soo Hoi Ling) 3. Khoh Chia Sze (suing by next friend, Soo Hoi Ling) 1. Khoh Keow Bok (sued as co-administrator of the Estate of Khoh

Citation

PA-22NCvC-58-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-58-02/2019 (Mahkamah Tinggi)

The interim mandatory injunction was refused because plaintiffs failed to show an unusually strong and clear case and could not establish on affidavits that they would probably obtain the relief at trial; beneficiaries have no beneficial interest in the estate until administration and debts are discharged, so monies cannot be ordered released; discovery was partly ordered because source documents of the 8th defendant (financial statements, accounts, minutes, transactional records and any documents from safes) are relevant and necessary to fairly dispose of the matter, but broader discovery re…
18 Nov 2019

1. Lee Mooy Keaw 2. Lee Pei Pei 3. Lee Jia Jia 1. Chan Ah Kim 2. Lee Kah Hooi 3. Lee Kah Seng 4. Lee Chin Chin 5. Lee Liang Liang 6. Ng Yah Liang 7. Rockwills Corporation Sdn Bhd (Company No: 274516-K) 8. Premier Business Solutions Sdn Bhd

Citation

PA-22NCvC-45-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-45-04/2018 (Mahkamah Tinggi)

Court held that the transfer of 99,960 shares without production of a grant of probate contravened the evidentiary scheme in s109(4) of the Companies Act 2016; plaintiffs satisfied the high threshold for an interlocutory mandatory injunction in respect of those shares because damages were inadequate and the shares conferred effective control; accordingly prayer (1) for retransfer of the shares was granted to be complied within 14 days. All other interlocutory reliefs failed: discovery claims were for inventories not documents and thus refused; general retransfer prayer lacked specific materia…
Rajah Ramachandran

Citation

Rajah Ramachandran
Court

Malaysian court

The court held the disconnection was unjustified and oppressive because the defendant failed to provide a satisfactory explanation for the alleged meter reading error and had available less drastic alternatives under s49(1); accordingly the plaintiff was entitled to the mandatory relief sought (reconnection and costs).

Malaysia Case Law

WONG LIAN SOON 1. ) TAN HOCK SENG 2. ) VICTOR TAN HAN FUNG 3. ) VANESSA TAN YEE JUEEN

LEMBAGA PELABUHAN KLANG YWG INTERNATIONAL SDN BHD

KLIFE GLOBAL SDN BHD GREEN RAY TECHNOLOGY SDN BHD

1. ) Hun Tee Siang (Menyaman Atas Kapasitinya Sebagai Pemegang Jawatan Di Persatuan Penduduk Country Heights Damansara, Kuala Lumpur) 2. ) ALINA YEE PIN TEH 3. ) HOFFEN YIH BEN TEH 4. ) LOO SIN SOO 5. ) CHEW KWI HOON 6. ) LAI CHOON YEN 7. )

1. Soo Hoi Ling (co-administrator of the Estate of Khoh Liak Teng) 2. Khoh Ching Yi (suing by next friend, Soo Hoi Ling) 3. Khoh Chia Sze (suing by next friend, Soo Hoi Ling) 1. Khoh Keow Bok (sued as co-administrator of the Estate of Khoh

1. Lee Mooy Keaw 2. Lee Pei Pei 3. Lee Jia Jia 1. Chan Ah Kim 2. Lee Kah Hooi 3. Lee Kah Seng 4. Lee Chin Chin 5. Lee Liang Liang 6. Ng Yah Liang 7. Rockwills Corporation Sdn Bhd (Company No: 274516-K) 8. Premier Business Solutions Sdn Bhd

Rajah Ramachandran