Injunctions

• Main Authors: Kasi, Arun, Ali Mohamed, Ashgar Ali, Ahmad, Muhamad Hassan
• Format: Book Chapter
• Language: English
• Published: CLJ Malaysia Sdn Bhd 2024
• Subjects: K Law (General); K600 Private Law
• Online Access: http://irep.iium.edu.my/115766/1/115766_Injunctions.pdf; http://irep.iium.edu.my/115766/; https://www.cljlaw.com/store/product/contract-law-in-malaysia/

Where there is an alleged breach of the contract, apart from seeking to recover compensation from the other party, the aggrieved plaintiff may also ask the court to require the defendant to take or refrain from certain actions. This is known as injunctive relief, which is usually granted when a plaintiff meets the specific legal requirements. The most illustrious description afforded to an injunction is that it is an equitable remedy issued by a court to restrain a party to an action, usually the defendant, from doing anything that could injure the right of the other party. Injunctive relief is also issued to order a party to do a particular act or thing. It also provides the court with the power to grant a specific type of injunction, which is an injunction to uphold a negative agreement. Sections 50 to 55 of the Specific Relief Act 1950 empower the courts to grant an injunctive relief in the form of temporary, perpetual, mandatory or prohibitory injunctions. In exercising the power, the Act also lays down the situations whereby the power of the court to issue injunctive relief is limited. While the Specific Relief Act 1950 and the Rules of Court 2012 provide for the power and jurisdiction for the court to grant the injunctive relief, the English “locus classsicus” in American Cyanamid Co v. Ethicon Ltd, 1 serves as the guiding principle in the exercise of the discretion to grant or refuse the injunction in Malaysia.