Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Mandatory injunctive relief

Legal area

Court

4 Jan 2021

GOLDEN STAR & 3 LG LING PEEK HOE & 2 LG

Citation

02(f)-24-04/2016(A) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-24-04/2016(A) (Mahkamah Persekutuan)

The Federal Court held that the Respondents and their counsel knowingly and intentionally disobeyed a mandatory Federal Court injunction reinstating a High Court order and that such conduct amounted to contempt of court; review applications filed under Rule 137 and peripheral stay applications did not excuse compliance and advocates are not immune from contempt by virtue of the Legal Profession Act; contempt was proven beyond reasonable doubt.
23 Jun 2020

ZUMATEX ENGINEERING SDN. BHD. [Company No.: 545932-K] CHUNG YOO HOCK OCEANERGY GASES SDN. BHD [Company No.: 969942-A)]

Citation

WA-22NCvC-619-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-619-08/2019 (Mahkamah Tinggi)

Court found there were bona fide, serious issues to be tried on breach of the oral partnership/arrangement and fiduciary duties; damages were inadequate because of reputational and regulatory risk; balance of convenience favored Plaintiff because undisclosed contracts and withheld documents exposed Plaintiff to regulatory penalties and liabilities; accordingly Plaintiff satisfied the test for interlocutory mandatory relief and disclosure, and the application for paragraphs (c) and (d) of Kandungan 3 was granted.