Law and Practice of Injunctions in Malaysia

Description

From the Foreword by YA Tuan S Nantha Balan, Judge of the Court of Appeal

KEY FEATURES of Law and Practice of Injunctions In Malaysia:

• Commentary on substantive law, practice, and procedure that is clear and thorough.
• Authors who are experienced advocates and solicitors of the High Court of Malaya provide clear and detailed court forms and precedents.
• A detailed and incisive examination of court considerations in the granting and refusal of injunctions, as well as the repercussions of noncompliance, backed up by relevant authorities.
• A useful comparison of the utilization of injunctive remedies in Malaysia with other jurisdictions.

Injunctions are a difficult task for the practitioner to complete. One must be completely versed not only in adjectival legal practice and procedure but also in the substantive law of the case at hand. As a result, this text has been designed with the practice in mind as well as the many other areas of practice that may be engaged, such as family law and intellectual property.

This book seeks to explain Malaysian injunction law, practice, and process. This publication has been written with court lawyers in mind, specifically those with the difficult task of praying for (and convincing the court to grant) relief in circumstances where damages are simply not an adequate remedy. It was written and edited by an eminent legal practitioner in collaboration with a group of expert authors.

Mareva injunctions, Anton Piller orders, interim preservation of property, Erinford injunctions, enforcement of injunctions, Fortuna injunctions and applications under the Companies Act 2016, anti-suit injunctions, Worldwide Mareva injunctions, and injunctions in matrimonial proceedings, insolvency & liquidation, tort, intellectual property, and banking are all covered extensively.
This book is useful for lawyers, chamber students, judicial officers, and other law students interested in civil practice and procedure.

TABLE OF CONTENTS

1. A General Overview of Injunctions
2. Mareva Injunction
3. Anton Piller Orders
4. Interim Preservation of Property
5. Practice and Procedure 1
6. Practice and Procedure 2
7. Practice and Procedure 3 Enforcing the Injunction & Contempt of Court
8. Injunctions in Relation to General and Extraordinary Meetings and Directors’ Duties
9. Fortuna Injunctions and Injunction Applications Under the Companies Act 2016
10. The Anti-Suit Injunction
11. Restraining Calls on Bank Guarantees, Performance Bonds, and Letters of Credit
12. Injunctions in Relation to Receivers and Managers, Liquidators and Officers of the Court
13. Injunctive Relief in Matrimonial Proceedings
14. Injunctions in Tort
15. Injunctions in Intellectual Property Law
16. Worldwide Mareva Injunction