MALAYSIA Law and Practice Contributed by: Dhinesh Bhaskaran, Rabindra Nathan, Shanti Mogan and Lai Wai Fong, Shearn Delamore & Co
The applicant is not generally required to provide security for potential damages, but they must normally provide an undertaking to compen- sate the respondent for damages in the event the injunction is found to have been wrongly granted. The respondent can apply for fortifica- tion of the applicant’s undertaking. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief may be granted against the world- wide assets of a respondent. See Metrowangsa Asset Management Sdn Bhd & Anor v Ahmad b Hj Hassan & Ors [2005] 1 MLJ 654. 6.6 Third Parties and Injunctive Relief Injunctive relief is not generally issued against third parties. However, third parties may be bound by an injunction once they have notice of it. For example, banks and financial institutions are duty-bound to comply with a Mareva injunc- tion when they are served with the order. Third parties may apply to intervene in the suit or vary or discharge an injunction. 6.7 Consequences of a Respondent’s Non-compliance A party who fails to comply with the terms of an injunction will be liable for contempt of court and may be fined or imprisoned. See Wee Choo Keong v MBF Holdings Bhd & Anor and Another Appeal [1993] 2 MLJ 217.
to oral cross-examination and re-examination. See Section 138 of the Evidence Act 1950. The evidence of an expert witness is given in a written report signed by the expert and exhibited to an affidavit affirmed by them. See Order 40A r 3(1) of the Rules of Court 2012. Similar to wit- nesses of fact, an expert witness will also give their evidence-in-chief and is subject to cross- examination and re-examination. Arguments by counsel after the trial are generally both written and oral. The court usually directs parties to exchange written submissions and will fix a hearing date to thereafter hear oral argu- ment. 7.2 Case Management Hearings Interim applications such as injunctions, strik- ing out, amendment of pleadings, discovery and summary judgment are heard in chambers as opposed to open court, and only counsel are entitled to be present. The court will decide on interim applications based on affidavits filed by the parties, and on written and oral submissions by counsel. For every suit filed in court, a case management will be fixed. During case managements, the court will set timeframes and give directions for the preparation of each party’s case for trial. The court may impose sanctions for non-compliance with these directions. See Syed Omar bin Syed Mohamed v Perbadanan Nasional Bhd [2013] 1 MLJ 461. The directions that may be given by the court during case managements include the filing of pre-trial documents such as the bundle of plead- ings, bundle of documents, statement of agreed facts, statement of issues to be tried, list of wit-
7. Trials and Hearings 7.1 Trial Proceedings
At trial, a witness generally gives their evidence- in-chief through a written witness statement previously filed in court and served on all par- ties, although further oral examination-in-chief is permissible. Thereafter, the witness is subject
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