What is an injunction?
Injunction is a court order to prevent a person or company to refrain from doing a particular act or thing.
Injunction divided into two types:
interim/interlocutory injunction; and
permanent injunction
Interim injunction is obtained to prohibit the action of the defendant for a short period of time, usually to prevent the defendant from doing the act when the matter is still at trial.
Permanent injunction is obtained after the court trial ends, to injunction the defendant from doing so after a long period of time.
How to apply for an Injunction?
The basic requirements to apply for an injunction are as follow:
there is a serious question to be trialed;
(b) if the applicant were to succeed at the trial, damages would not be adequate compensation for his loss;
(c)the balance of convenience lies in his favour;
(d) there are special circumstances in his favour or no special circumstances in favour of the respondent.
What is “serious question to be trialed” means?
Serious question to be trialed means the plaintiff must have a valid cause of action before the court when applying for the injunction. It cannot be a frivolous and vexatious case.
In law means plaintiff basically apply for fun without any reason. It is considered frivolous application, and can the application can be dismissed with costs to defendant.
Inadequacy of damages
Inadequacy of damages means if the injunction is not granted to the plaintiff, then plaintiff’s loss would not be adequately compensated even if the plaintiff wins the trial.
For example, the loss of reputation in defamation case, the plaintiff’s reputation cannot be recovered if the injunction is not granted to prevent the publication of the defamatory statement by the defendant.
Balance of convenience
Balance of convenience means which party suffers the risk of injustice more? The court will weight in the fact and make a call; if plaintiff would have suffer more losses based on the presented fact, then injunction would be granted to prevent the defendant from continuing with the act.
In the case of Associated Tractors Sdn Bhd v Chan Boon Heng [1990] 2 MLJ 408, the defendant argued that he did not have any rental agreement and claimed that the rice harvesting machine was sold to him. The court held that the balance of convenience lies in favour of the defendant. Imagine, the defendant losing the rice harvesting machine, he would suffer loss and his business may be affected and had to close shop. The balance of convenience also lies in favour of the defendant, because if defendant’s business has to close down, the employees working for the defendant may have to be lay off. The court in that case, granted the interim injunction to the defendant prohibiting the plaintiff from taking possession of the rice harvesting machine.
Undertaking as to damages
The applicant for an order to injunct has to provide a form of monetary undertaking. If the respondent suffers any loss due to the order of injunction, then the applicant has to compensate the respondent. The Court will order the applicant to re-compensate the respondent for loss suffered by the party who had been imposed with an injunction order.
What is the cost incurred for injunction?
please refer to the link below for the costs incurred for injunction:
https://dylanchong.com/cost-incurred-for-injunction/
Which Court can allow the Injunction?
The High Court or Session Court can grant an injunction.
What is the Procedure?
The aggrieved party has to file a Writ and Statement of Claim, and then file a Notice of Application supported by an affidavit. Then there will be a hearing fixed with the Judge.
How long does it take for the Court to grant the injunction?
Injunction can be obtained instantly, but usually there will be a half to 1 day court processing timeline for the court order to be sealed.
What is the effect of the Injunction?
The respondent/defendant has to follow the injunction order by not doing certain prohibited order under the Injunction order. Otherwise, he may be subjected to contempt of court, and can be sued for damages.
