WONG MAN FAI FRANKIE v 1. ) TSENG FREYA HEMMON FAN YEA 2. ) FOREBASE PROPERTY SDN BHD PENCELAH HONG LEONG BANK BERHAD
Catchwords
INJUNCTION LAW: Variation of interlocutory injunctions – Material change of circumstances test – Whether new facts coming to light after granting justified variation – Whether change in project status from construction to completion constituted material change – Whether regulatory approvals and certifications represented material change – Certificate of Completion and Compliance as changed circumstance INJUNCTION LAW: Undue hardship test – Whether injunction orders caused undue hardship to company operations – Whether financial losses from Liquidated Ascertained Damages constituted undue hardship – Whether operational paralysis from consent requirements caused hardship – Whether prevention of statutory submissions caused hardship – Whether frustration of director's duties constituted hardship INJUNCTION LAW: Balance of convenience test – Whether potential harm from varying injunction outweighed harm from maintaining it – Whether continuing financial losses justified variation – Whether regulatory deadlines created urgency favouring variation – Whether protection of company's interests as going concern favoured variation INJUNCTION LAW: Scope and modification of injunctive relief – Whether specific operational matters should be excluded from general restraint – Whether safeguards and limitations should accompany variation – Whether independent professional oversight required for certain activities – Whether detailed disclosure requirements appropriate
Practice Areas
Judges (1)
Case Significance
WONG MAN FAI FRANKIE v 1. ) TSENG FREYA HEMMON FAN YEA 2. ) FOREBASE PROPERTY... is a High Court (Mahkamah Tinggi) decision dated March 24, 2025 (citation: wa-24ncc-321-07-2024). The case was decided by Shoba Rajah a/p Dorai Rajah.
What was the outcome of WONG MAN FAI FRANKIE v 1. ) TSENG FREYA HEMMON FAN YEA 2. ) FOREBASE PROPERTY...?
WONG MAN FAI FRANKIE v 1. ) TSENG FREYA HEMMON FAN YEA 2. ) FOREBASE PROPERTY... is a High Court decision dated March 24, 2025. The case was heard by Shoba Rajah a/p Dorai Rajah. See the full judgment for details.