Chapter 22 - Ad Interim Injunction

Question 1

AD INTERIM INJUNCTION

Overview

Answer 1

1) Definition

2) Circumstances when it can arise

Question 2

AD INTERIM INJUNCTION

Definition & jurisdiction to grant

Answer 2

1) Definition:
- Holding over injunction granted by the court pending disposal of an inter partes injunction application.
2) Scope - RIH Services v Tanjung Tuan Hotel SB:

• Ad interim injunction is not an extension order of ex parte injunction upon its expiry after 21 days;
• It is a fresh order made on the converted inter partes application.

3) Jurisdiction to grant - Petrodar Operating Co Ltd v. Nam Fatt Corpoation Bhd & Anor:

• The ad interim injunction to maintain the status quo pending the inter partes hearing is quite often agreed between the parties.
• However, the court has the jurisdiction to grant the ad interim injunction even in the event the parties disagree.

Question 3

AD INTERIM INJUNCTION

Circumstance when it can arise - Adjournment of inter partes hearing after expiry of ex-parte injunction

Answer 3

RIH Services (M) Sdn Bhd v Tanjung Tuan Hotel:

• When the court grants an ex-parte injunction, it will have to schedule the application to be heard inter partes before the expiry of the 14 days.
• As is often the case, the parties will not be ready to proceed with the hearing as the affidavits would not be complete at that stage.
• So the inter partes hearing would probably have to be adjourned.
• In such a circumstance, P will seek to maintain the status quo pending disposal of the inter partes hearing.

Question 4

AD INTERIM INJUNCTION

Circumstance when it can arise - Adjournment of inter partes hearing when P’s application for inter partes injunction cannot be heard immediately

Answer 4

1) Jakob Renner v Scott King:

• In cases where P applies for an inter partes injunction, the application may not be immediately heard.
• In that circumstance, it is open for the court to grant an ad interim injunction pending the disposal of the application.

2) Beese v Woodhouse (CA):

• Where an application for an inter partes injunction cannot be heard by the court through no fault of the plaintiff or defendant, he has jurisdiction to grant an ex parte injunction.
• This is so when the judge comes to the conclusion on a prima facie view that irreparable damage may be done to the plaintiff by not preventing the continuance of the alleged nuisance or whatever other wrongdoing it may be by the defendant.

Question 5

AD INTERIM INJUNCTION

Procedures to apply & set aside

Answer 5

1) Application
- may be made orally
2) Set aside:
- See Petrodar below.

Question 6

AD INTERIM INJUNCTION

Recent case

FC, 2014

Answer 6

Petrodar Operating Co Ltd v. Nam Fatt Corpoation Bhd & Anor:

• It is the standard practice of the courts, that after the grant of the ad interim injunction (pending the inter partes hearing) to move on to the hearing of the inter partes injunction.
• Parties will then ventilate all issues and their respective contentions in the inter partes hearing of the injunction itself.
• It is not desirable to split the subject matter of a separate interlocutory application to set aside an ad interim injunction concurrently with the opposition to the inter partes injunction just on the issue of balance of convenience.
• To pick up an argument on balance of convenience issue and split it into the subject matter of a separate interlocutory application to set aside the ad interim injunction would result in multiplicity of proceedings and is a wastage of time and costs.
• It is more desirable and appropriate that the question of balance of convenience be argued and decided at the inter partes stage of hearing of the injunction.