MALAYSIA Law and Practice Contributed by: Dhinesh Bhaskaran, Rabindra Nathan, Shanti Mogan and Lai Wai Fong, Shearn Delamore & Co
Arthur Anderson & Co v Interfood Sdn Bhd [2005] 6 MLJ 239; • an anti-arbitration injunction to restrain a par- ty from proceeding with arbitration proceed- ings – see Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd & Ors [2019] 5 MLJ 1; • an anti-suit injunction to restrain judicial pro- ceedings to prevent a multiplicity of proceed- ings – see Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd & Ors [2019] 5 MLJ 1; • an injunction for the detention, custody or preservation of any property which is the sub- ject matter of the suit, or for the inspection of any such property in the possession of a party to the suit – see Order 29 Rule 2 of the Rules of Court 2012; • an injunction for samples to be taken of any property which is the subject matter of the suit, for any observation to be made on such property or for any experiment to be tried on or with such property – see Order 29 Rule 3; • an injunction to prevent the infringement of intellectual property – see Radion Trading Sdn Bhd v Sin Besteam Equipment Sdn Bhd & Ors [2010] 8 MLJ 648; and • an injunction to prevent the disclosure of con- fidential information – see Teoh Chong Kean v Yeoh Tai Chuan & Anor [2018] 2 MLJ 669. An interim mandatory injunction may be granted in clear cases where the plaintiff is very likely to succeed at trial. See Timbermaster Timber Complex (Sabah) Sdn Bhd v Top Origin Sdn Bhd [2002] 1 MLJ 33. 6.2 Arrangements for Obtaining Urgent Injunctive Relief A party may apply for urgent injunctive relief by filing a certificate of urgency together with the application, which will set out the grounds for the urgency. The court has a discretion to fix a quick
hearing date for the application depending on the urgency, which can even be on the same day. There are no arrangements for out-of-hours judges. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief may be obtained on an ex parte basis where the case is one of urgency. The affi- davit in support must contain all of the following: • a clear and concise statement of the facts giving rise to the claim and the application; • the facts relied on to justify filing the applica- tion ex parte including details of any notice given to the other party or, if notice has not been given, the reason for not giving notice; • any answer by the other party to the claim or application; • any facts which may lead the court not to grant the application; • any similar application made to another court; and • the precise relief sought. See Order 29 Rule 2 of the Rules of Court 2012. An ex parte injunction will automatically lapse after 21 days. The court, when granting an ex parte injunction, must fix a date to hear the appli- cation inter partes within 14 days from the date of the ex parte order. See Order 29 Rules 2B and 2BA. 6.4 Liability for Damages for the Applicant For both ex parte and inter partes injunctions, an applicant may be held liable for damages suf- fered by the respondent if the respondent suc- cessfully discharges the injunction.
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