15 Oct 2021
KNM PROCESS SYSTEMS SDN BHD CYPARK SDN BHD
- Citation
- B-02(C)(A)-579-04/2020 (Mahkamah Rayuan)
- Court
- C
- Case number
- B-02(C)(A)-579-04/2020 (Mahkamah Rayuan)
The Court of Appeal dismissed all four appeals and upheld the High Court: (1) s.11 Arbitration Act 2005 permits the High Court to grant interim measures (including injunctions) to preserve status quo pending arbitration but not to grant final declaratory relief or damages; (2) the High Court did not err in finding a seriously arguable case of unconscionability sufficient to grant interlocutory injunctions restraining calls on the two bank guarantees; (3) non‑joinder of Hitachi was not fatal under the Rules of Court; and (4) the High Court validly imposed conditions requiring extension of the…