12 December 2023

Our Litigation Partners, Idza Hajar Ahmad Idzam and Nan Muhammad Ridhwan together with their Legal Associates, Muhammad Hibri Nazim and Aiesyah Mustafa from Zul Rafique & Partners’ Litigation Practice Group had on 7.12.2023, acted for Malaysia Airlines Berhad (“2nd Defendant”) and succeeded in resisting an Injunction Application filed by Asia Pacific Higher Learning Sdn. Bhd. (“Plaintiff”). 

On 18.8.2020, the Plaintiff being the sub-tenant of the premises, filed an Injunction Application to inter alia, restrain and prohibit the 2nd Defendant being the master tenant, from demanding vacant possession of the premises from the Plaintiff. It was submitted and accepted by the Court that:-

(i) A sub-tenancy cannot as a matter of law survive the end of a master tenancy;   

(ii) In this regard, it may only mean that the vacant possession must be delivered back to the landlord. This can only happen when the 2nd Defendant is able to demand vacant possession from the Plaintiff; 

Whatever subsequent arrangements that the Plaintiff seeks to plan with the landlord can be done after vacant possession has been given. 
The Court agreed with the 2nd Defendant’s submission and the Plaintiff’s Injunction Application was dismissed with costs. 

For more insights into this area of law, please contact our Litigation Partners:
P Jayasingam
Wong Keat Ching
Thavaselvi Pararajasingam
Idza Hajar Ahmad Idzam
Nan Muhammad Ridhwan Rosnan

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