THEAN SENG SMART TRADING SDN. BHD. v 1. ) WELLESLEY ASSETS I SDN. BHD. 2. ) Tan Huei Yee (selaku CEO dan/atau wakil/pegawai Defendan Pertama dan/atau Defendan Keenam dan/atau individu) 3. ) Eric Tang (selaku COO dan/atau wakil/pegawai Defendan Pertama dan/atau Defendan Keenam dan/atau individu) 4. ) Rajender A/l Muniandy (selaku wakil/pegawai Defendan Pertama dan/atau Defendan Keenam dan/atau individu) 5. ) Pearly Foong (selaku wakil/pegawai Defendan Pertama dan/atau Defendan Keenam dan/atau ...
Catchwords
Interlocutory application – application by the Plaintiff for an injunction restraining the Defendants and their agents from retaking possession and/or to allow the Plaintiff continued access to the demised premises as well as to injunct the Defendants from interfering with the Plaintiff’s right as a tenant. Issues: a. Whether there is a bona fide serious question to be tried?; b. Whether damages are an adequate remedy?; c. Whether the balance of convenience lies in favour of the injunction? Held: Court finds that there are bona fide serious issues to be tried to determine the validity of the tenancy arrangement and whether it was breached by the Plaintiff and/or whether its termination is lawful. The Court however finds that the balance of convenience lies in favour of disallowing the injunction that the Plaintiff’s claim is pecuniary in nature and that damages are therefore an adequate remedy. The injunction application is dismissed with costs.
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Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-22ncvc-191-12-2024)