1. ) Mohd Azizul bin Mohd Nasir 2. ) Ahmad Akid bin Noor Azlee v Shakib bin Abu Bakar Banafee
4 cases cited
(0 SG, 4 foreign)
Catchwords
CIVIL PROCEDURE: Injunction — Interlocutory injunction — Quia timet injunction — Ingredients — Proof of imminent danger and substantial or irreparable damage. Restraint of Defendant from exercising shareholder rights and filing further legal proceedings. Preservation of status quo pending determination of share ownership. Prevention of multiplicity of proceedings. COMPANY LAW: Shares — Beneficial ownership — Dispute whether Defendant holds shares as nominee/trustee. Impact of disputed ownership on locus standi to institute corporate actions. PUBLIC POLICY: Reports to authorities — Application to restrain reports to MACC, CCM, LHDN, and Police. Whether court can block complaints to enforcement agencies — Public policy against restraining reports of alleged wrongs. CIVIL PROCEDURE: Injunction — Restraint from making public or social media comments regarding ongoing litigation — Principles of sub judice — Protecting court integrity and independence
Judges (1)
Statutes Cited
Specific Relief Act 1950 (Cap 137)
Cases Cited (4)
UK (2)
[1919] AC 999 [1970] AC 652
MY (2)
[1990] 1 MLJ 436 [2022] MLJU 424
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-22ncc-37-05-2023)