PUNCAK GALI HARMONI SDN BHD v EMRAIL SDN BHD

ba-24nccarb-7-09-2025 High Court (Mahkamah Tinggi) 1 October 2025 • BA-24NCC(ARB)-7-09/2025 • 14 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

This is an appeal by the Plaintiff against my decision delivered on 2.10.2025 whereby the Court declined to confirm the ex parte injunction previously granted on 19.9.2025 and instead discharged the said interim order. The Courts finds that the Plaintiff’s Originating Summons (Enclosure 1) was commenced in breach of section 410(c) of the Companies Act 2016 and is therefore incompetent, that the Ex Parte Injunction Order (Enclosure 8) was obtained through material non-disclosure and contrary to statute, and that the reliefs sought offend sections 54(d) and (f) of the Specific Relief Act 1950 and section 29(2) of the Government Proceedings Act 1956.

Judges (2)

Anita binti Harun Delivered Asmah binti Musa Delivered

Counsel (7)

O S Kim & Associates Firm Sia Siew Mun & Co Firm Alvin Oh Sew Chang Peng Counsel Plaintiff Boo Honn Chin Counsel Defendant Jane Chan Siew Thung Counsel Plaintiff Ooi Suan Kim Counsel Defendant Priscilla Faith Lim Counsel Plaintiff

Parties (2)

EMRAIL Sdn Bhd Respondent PUNCAK GALI HARMONI Sdn Bhd Applicant

Case Significance

PUNCAK GALI HARMONI SDN BHD v EMRAIL SDN BHD is a High Court (Mahkamah Tinggi) decision dated October 1, 2025 (citation: ba-24nccarb-7-09-2025). The case was decided by Anita binti Harun.

What was the outcome of PUNCAK GALI HARMONI SDN BHD v EMRAIL SDN BHD?

PUNCAK GALI HARMONI SDN BHD v EMRAIL SDN BHD is a High Court decision dated October 1, 2025. The case was heard by Anita binti Harun. See the full judgment for details.

Statutes Cited

Arbitration Act 2005 (Cap 646)
s 11

Cases Cited (9)

MY (9)
[2008] 6 MLJ 686 [2011] 4 MLJ 337 [2013] 4 CLJ 820 [2019] MLJU 1686 [2019] MLJU 477 [2020] 3 MLJ 46 [2020] 9 MLJ 545 [2021] 3 MLJ 280 [2021] MLJU 299

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-24nccarb-7-09-2025)