4 Dec 2024
HO NYET FOONG LB LAND SDN BHD
- Citation
- C-02(IM)-1957-11/2023 (Mahkamah Rayuan)
- Court
- IM
- Case number
- C-02(IM)-1957-11/2023 (Mahkamah Rayuan)
The Court allowed the appeal and set aside the High Court interlocutory injunction because there was no serious question to be tried on nuisance given the orchard's long established use and lack of prior complaints and inspections showing no unlawful activity; any loss alleged by respondent was pure economic loss for which damages would be adequate; and the balance of convenience favoured the appellant because an injunction would risk irreversible damage to the orchard and crop if spraying were restrained.