MENARA KUALA LUMPUR Sdn Bhd

On the court record

Illustrates the interplay between public-law challenges, tenancy disputes and the use of Fortuna injunctions to resist winding-up founded on an unstayed judgment.

Menara Kuala Lumpur Sdn Bhd appears in the reported judgments as a company litigating in the High Court (Mahkamah Tinggi) across an injunction and judicial-review matter concerning a government tender, and a set of Fortuna-injunction and summary-judgment disputes arising from a tenancy. The decisions show a company contesting both a public-law decision affecting its operations and the insolvency-adjacent consequences of a commercial dispute.

In one matter the company was among the plaintiffs seeking interim injunctive relief in a dispute engaging a government ministry over a service arrangement, the court declining to grant an ad-interim injunction because the plaintiffs had not satisfied it that it was just to do so, and leaving the substantive interim-injunction application to be heard shortly afterwards. That reflects the demanding standard for interim relief where a commercial party seeks to restrain the consequences of a governmental or contractual decision pending trial.

A connected strand concerned a Fortuna injunction and the enforcement of a summary judgment. There the company was a respondent to an application for a Fortuna injunction to restrain it, as judgment creditor, from commencing winding-up proceedings based on a summary judgment; the court explained that a pending appeal does not preclude a judgment creditor from presenting a winding-up petition, and that no court will grant a Fortuna injunction to restrain a judgment creditor from doing so on the strength of a summary judgment that has not been stayed. An earlier decision addressed summary judgment on a counterclaim under Order 14 rule 5 of the Rules of Court 2012, arising from a tenancy dispute connected to a tender to operate a restaurant on the premises, and whether a triable issue existed. Across the matters, the company illustrates the interplay between public-law challenges, tenancy disputes and the use of Fortuna injunctions to resist winding-up founded on an unstayed judgment.