30 January 2024

Our Litigation Partner, Idza Hajar Ahmad Idzam, and Legal Associate, Irfan Husin Rosli, had on 26.1.2024, acted for MW Assembler Sdn Bhd and Zulkifli Bin Kasim (“the Defendants”) and succeeded in resisting an injunction application filed by the Plaintiff, Nordin Bin Mahamud against the Defendants.

On 7.6.2023, the Plaintiff filed an injunction application to restrain the Defendants from issuing and executing any resolution that may affect the shares and directorship in MW Advantech Sdn Bhd (a company wholly acquired by MW Assembler Sdn Bhd) on the basis that the Plaintiff has interest over the said shares and is entitled to a director position.

The Court held that whilst there are serious issues to be tried for the Plaintiff’s claims, the reliefs sought in the injunction application do not reflect or correspond to the reliefs sought in the Statement of Claim. In particular, the prayers in the Statement of Claim are merely monetary reliefs without any declaratory orders such as to appoint the Plaintiff as a director or for the allocation of shares. The Statement of Claim currently seeks an amount of over RM2,000,000.00 against the Defendants.

There was no nexus between the two. That being the case the balance of convenience lies in dismissing the injunction application as opposed to granting the same.

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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