REDLAND USJ SUMMIT PROPERTIES SDN BHD v MINISO WINKY (M) SDN BHD

w-02imncvc-1818-10-2024 Court of Appeal (Mahkamah Rayuan) 22 June 2025 • W-02(IM)(NCvC)-1818-10/2024 • 9 min read

Catchwords

section 44 of the Court of Judicature Act 1964 - jurisdiction to grant the Erinford Injunction pending an application for leave to appeal - reliance on the Letter of Offer is misconceived - no formal tenancy agreement was concluded, finalised or executed - attempt to relitigate issues or revive an interim injunction amounts to an abuse of the court’s process – allowing the injunctive relief would be inappropriate, unfair, unjust and inflict greater hardship

Practice Areas

section 44 of the Court of Judicature Act 1964

Judges (1)

Azmi bin Ariffin Delivered

Counsel (5)

Fadzil & Eddin Firm H Wong & Chia Wen Firm Ahmad Fadhli Bin Salleh Counsel Appellant Dato' Arthur Wang Ming Way Counsel Respondent Wong Hui Hong Counsel Respondent

Parties (2)

MINISO WINKY Sdn Bhd Respondent REDLAND USJ SUMMIT PROPERTIES Sdn Bhd Appellant

Case Significance

REDLAND USJ SUMMIT PROPERTIES SDN BHD v MINISO WINKY (M) SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated June 22, 2025 (citation: w-02imncvc-1818-10-2024). <p>Miniso Winky (M) Sdn Bhd applied for an Erinford injunction under Section 44 of the Courts of Judicature Act 1964 to restrain Redland USJ Summit Properties Sdn Bhd from dealing with the Yayasan Selangor Building at Jalan Bukit Bintang pending a leave to appeal application to the Federal Court. The Court of Appeal dismissed the application, finding it was an attempt to relitigate and revive an interim injunction already discharged by the Court of Appeal, constituting an abuse of process.</p> The case was decided by Azmi bin Ariffin. Counsel appearing: Ahmad Fadhli Bin Salleh (counsel for appellant), Dato' Arthur Wang Ming Way (counsel for respondent), Wong Hui Hong (counsel for respondent).

Summary

Miniso Winky (M) Sdn Bhd applied for an Erinford injunction under Section 44 of the Courts of Judicature Act 1964 to restrain Redland USJ Summit Properties Sdn Bhd from dealing with the Yayasan Selangor Building at Jalan Bukit Bintang pending a leave to appeal application to the Federal Court. The Court of Appeal dismissed the application, finding it was an attempt to relitigate and revive an interim injunction already discharged by the Court of Appeal, constituting an abuse of process.

What was the outcome of REDLAND USJ SUMMIT PROPERTIES SDN BHD v MINISO WINKY (M) SDN BHD?

<p>Miniso Winky (M) Sdn Bhd applied for an Erinford injunction under Section 44 of the Courts of Judicature Act 1964 to restrain Redland USJ Summit Pr...

Statutes Cited

Court of Judicature Act 1964
s 44