Injunctions & Specific Performance in Malaysia

Description

This book serves as the practitioner’s essential companion for handling cases involving injunctive or specific relief. It also functions as a quick reference guide for practitioners while in court. Key features include:

• Coverage of over 400 current and up-to-date case law authorities on the legal principles of Injunctions and Specific Performance in Malaysia.
• In-depth exploration of relevant law and procedure, not only for Ex parte, Quia timet, Fortuna, or Mareva Injunctions, but also for the Anton Pillar “Search Order,” the Erinford “Stay Order,” anti-Suit injunctions (Arbitration proceedings), injunctions in Matrimonial proceedings, Attachment Orders under the Debtor Act 1957, the Norwich Pharmacal Order, injunctive relief for a Breach of Confidence in Malaysia, and recent developments on Injunctions against “Persons Unknown.”
• Comprehensive guidance on preparing a clear and thorough supporting affidavit, recognized as the backbone for ex parte applications seeking injunctive relief. The instructions are drawn from past and current cases cited in the book, ensuring the filing of precise and fault-free affidavits in court.
• Tailored for experienced legal practitioners seeking to fine-tune and update their knowledge within the concise framework of this text in the realm of Injunctions and Specific Performance.
• Designed to assist legal practitioners who may struggle to navigate these areas of the law.
• Suitable for chambering and law students facing the challenge of comprehending the law of Injunctions and Specific Performance in Malaysia.

This book aims to provide valuable insights and practical guidance, making it an indispensable resource for legal professionals at various stages of their careers.

TABLE OF CONTENTS

PART ONE [1] THE LAW
1.1 INTRODUCTION
1.2 NATURE OF INJUNCTIONS
1.3 PROHIBITORY & MANDATORY INJUNCTIONS
2.0 CLASSIFICATION OF INJUNCTIONS
2.1 TEMPORARY & PERPETUAL INJUNCTIONS
2.2 TYPES OF INJUNCTIONS
2.3 THE AMERICAN CYANAMID PRINCIPLES
2.4 ANTI-SUIT INJUNCTIONS ARBITRATION PROCEEDINGS
2.5 BREACH OF CONFIDENCE INJUNCTIVE RELIEF.
2.6 INJUNCTIONS IN MATRIMONIAL PROCEEDINGS
2.7 ATTACHMENT ORDER UNDER THE DEBTOR ACT 1957
2.8 NORWICH PHARMACAL ORDER
3.0 PARTIES
4.0 INJUNCTIONS WHEN MAY BE GRANTED
4.1 INJUNCTIONS WHEN CAN NOT BE GRANTED
4.2 INJUNCTIONS WHEN MAY BE REFUSED
4.3 FURTHER EQUITABLE CONSIDERATIONS
5.0 PRINCIPLES APPLIED IN GRANTING AN INJUNCTION

PART TWO [2] PROCEDURE
6.0 PROCEDURE
6.1 INTERLOCUTORY INJUNCTION
6.2 FINAL INJUNCTION
6.3 MAREVA INJUNCTION
6.4 ERINFORD STAY
6.5 ANTON PILLAR ORDER
7.0 HEARING OF APPLICATION
8.0 UNDERTAKING AS TO DAMAGES
9.0 FINAL ORDER
10.0 APPEALS
11.0 COSTS
12.0 ENFORCEMENT OF JUDGEMENTS
13.0 DISCHARGE, SUSPENSION & DISSOLUTION OF INJUNCTION

PART THREE [3] SPECIFIC PERFORMANCE
14.0 INTRODUCTION
14.1 CONTRACTS SPECIFICALLY ENFORCEABLE
14.2 CONTRACTS NOT SPECIFICALLY ENFORCEABLE
14.3 DISCRETION AS TO DECREEING SPECIFIC PERFORMANCE
14.4 PARTIES & PERSONS FOR WHOM SPECIFIC

PART FOUR [4] SUPPORTING AFFIDAVIT EVIDENCE
15.0 INTRODUCTION
15.0.1 Full & frank disclosure
15.0.2 Material facts

ABOUT THE AUTHOR: 

Datuk R.K.Nandy is an Advocate and Solicitor of the High Court of Malaya (non-practicing). Having been in the housing development business for the past 9 years, he was in active legal practice for several years specializing in housing development law. Besides this book, the author’s other literary accomplishments and publications are as follows:

– Probate & Administration in Malaysia | Jan 2024
– Law of Wills in Malaysia and Singapore | Aug 2023
– The Wealth Manager’s Guide to Islamic & Conventional (Wealth Management) | Oct 2023
– The Fundamentals of Islamic Wealth Management (Syariah & Legal Principles).
– The Islamic Worldview of Money, Social Finance, Wealth & Financial Wellbeing (Malaysia, Singapore & Brunei).
– The Student’s Guide to the Administration of Estates in Malaysia.
– Trustees Duties, Responsibilities & Liabilities in Malaysia.
– Islamic Estate Planning & Administration of Estates, Malaysia.
– Instruments of Dealings & Caveats in Malaysia.

Education:
– The author holds a Bachelor of Law degree from the University of Wales, United Kingdom, and was in active legal practice in Malaysia, before he ventured into the Property Development arena and the academia, over the past many years.

The author is also the course and content creator and the founder of the Professional Diploma Courses: 
– Professional Diploma in Trust Management (Islamic & Non-Islamic).
– Professional Diploma in Estate Planning & Trust Management (Islamic & Non-Islamic).
– Professional Diploma in Conveyancing in Malaysia.
which are awarded by the London Examination Board of the United Kingdom.