ZAMIR NOOR BIN ABDUL HAMID v 1. ) NORUL FATINI BINTI JAAFAR 2. ) NORLIN BINTI OTHMAN
Catchwords
"Ex-parte injunction - application by Defendants to set aside injunction - Plaintiff representing estate of Deceased who had entered into a joint venture agreement with the First Defendant in 2017 to develop some pieces of lands belonging to him - agreement requires development to be undertaken within 3 years from date of all approvals - Plaintiff claims First Defendant failed to perform the agreement and the lands remained undeveloped - Plaintiff seeks to terminate the agreement in the main suit - injunction to preserve status quo pending disposal of suit Held: (i) there are serious issues to be tried; and (ii) balance of convenience lies with the Plaintiff more so when the Defendants are defending their rights under the agreement; (iii) damages would not be adequate compensation as the Plaintiff's claim is in rem against the property - Application dismissed with cost in the cause".
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Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-22ncvc-42-06-2024)