1. ) LOW HUEI YING 2. ) ERNEST MORGAN FERNAND LOW MATHY menyaman melalui ibunya dan next of friend Low Huei Ying v Andrew Gregory Sewell (Beramal Di Bawah Nama Dan Gaya Tetuan Andrew Sewell) PIHAK KETIGA 1. ) MALAYAN BANKING BERHAD 2. ) MAYBANK ISLAMIC BERHAD
wa-22ncvc-257-05-2022 High Court (Mahkamah Tinggi) 13 April 2025 • WA-22NCvC-257-05/2022 • 33 min read
43 cases cited
(0 SG, 43 foreign)
Catchwords
[1] The parties filed these interlocutory applications namely- (a) Application by the Plaintiffs for a prohibitory injunction against the Defendant from disclosing Plaintiffs’ confidential and private information to any parties, directly or indirectly otherwise allowed by this Court (Enclosure 4) which was allowed, except for prayers (v) and (vi); (b) Application by the Defendant to rescind ab initio of the Ad interim Injunction Order for Enclosure 4, granted by this Court on 24.05.2022 (Enclosure 16) which was dismissed; and (c ) Application by the Defendant for a Committal Order against the 1st Plaintiff (Enclosure 272) which was dismissed. [71]the Defendant has failed to prove his claim without reasonable doubt. There is a matter of interpretation of the words referred to in the affidavits. Above all, the Defendant is not without remedy to state his position and proof his case during trial proper. [2] In any event, the Defendant has failed to convince this Court about the false and/or misleading statements in the Plaintiffs’ affidavits and put forth his position on how these obstruct or interfere with the administration of justice. [3] Therefore, based on the above deliberations, Enclosure 4 is allowed. Accordingly, Enclosure 16 and 272 are dismissed with costs.
Judges (1)
Statutes Cited
Courts of Judicature Act 1964
s 25
Dangerous Drugs Act
s 39B
Evidence Act 1950 (Cap 56)
Rules of Court 2012
Specific Relief Act 1950
s 4(c)
Cases Cited (43)
UK (6)
[1942] Ch 304 [1970] 3 All ER 402 [1971] 1 Ch 340 [1975] AC 396 [1988] 1 Ch 33 [1991] 2 All ER 398
AU (1)
[2004] VSC 160
MY (36)
[1982] 1 MLJ 271 [1982] CLJ 99 [1986] 1 MLJ 256 [1988] 1 MLRH 132 [1988] 3 MLJ 90 [1994] 3 AMR 2279 [1994] 3 MLJ 584 [1994] 4 CLJ 479 [1995] 1 AMR 373 [1995] 1 CLJ 293 [1995] 1 MLJ 193 [1996] 3 MLRH 463 [1997] 5 CLJ 440 [1999] 4 MLRH 347 [2000] 3 CLJ 569 [2000] 5 MLJ 254 [2001] 1 CLJ 732 [2001] 1 MLJ 369 [2001] 4 AMR 4241 [2001] 4 CLJ 549 [2001] 4 MLJ 577 [2002] 2 AMR 2457 [2002] 3 CLJ 83 [2004] 4 CLJ 674 [2004] 6 AMR 119 [2005] 2 MLJ 422 [2005] 2 MLJ 743 [2007] 4 MLRH 891 [2007] 6 MLJ 677 [2007] 7 MLJ 250 [2007] 9 CLJ 373 [2007] 9 CLJ 400 [2012] 2 AMR 429 [2012] 2 CLJ 849 [2012] 3 MLJ 458 [2024] MLJU 2725
Judgment
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