Malaysia Case Law: Decisions & Judgments

Topic

Specific performance/mandatory injunction

Legal area

Court

19 May 2022

NIP GLOBAL LOGISTICS (M) SDN BHD ARL HOMECOMM SDN BHD BUKAN PIHAK-PIHAK CROWE MALAYSIA PLT

Citation

WA-22NCvC-415-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-415-06/2021 (Mahkamah Tinggi)

The court granted the interlocutory injunction because the plaintiff satisfied the Keet Gerald Francis test: there are bona fide serious issues to be tried concerning termination, ownership and alleged wrongdoing; damages were not an adequate remedy given multi‑party consequences and risk to property and contractual relations; the balance of convenience favored preserving the status quo; the plaintiff provided an undertaking as to damages and made full and frank disclosure; accordingly the escrow account must be preserved under court supervision (appointment of independent accountant/auditor)…
18 Aug 2020

PRUDENTIAL CORPORATION HOLDINGS LIMITED & ORS DETIK RIA SDN. BHD. & ORS

Citation

WA-24NCC-479-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-479-09/2019 (Mahkamah Tinggi)

The CPOA, SCPOA and related memoranda were conditional contracts governed by express conditions precedent (including BNM approval), and therefore not illegal or void ab initio; once BNM approval was obtained the agreements became enforceable, the defendants having accepted substantial payments and acted consistently are estopped from denying the agreements, there was no operative mutual mistake, and the plaintiffs are entitled to the declaratory and injunctive reliefs sought (except indemnity costs claim).

Malaysia Case Law

NIP GLOBAL LOGISTICS (M) SDN BHD ARL HOMECOMM SDN BHD BUKAN PIHAK-PIHAK CROWE MALAYSIA PLT

PRUDENTIAL CORPORATION HOLDINGS LIMITED & ORS DETIK RIA SDN. BHD. & ORS