Arguments made by COA

Judges
Per Gopal Sri Ram

 The legality of agreement was a serious

question requiring mature consideration at
trial of action & should not have been
gone into in detail at interlocutory stage.
The question as to whether there was a
serious issue to be tried depended on an
objective perception of facts presented to
a judicial arbiter.
No element of discretion is involved in
evaluation of objective facts.

 The judge did not sufficiently balance

the risk that the concession would be
lost through effluxion of time with
other relevant competing
considerations that weighed heavily
in favour of injunction being
continued until trial of the action.

Sec 19 of Specific Relief Act

1950
A contract may be enforced even
though a sum is named in it as the
amount to be paid in case of its
breach,the party in default is willing
to pay the sum.
Whether the section applies to this
case is a matter that is manifestly
unsuitable for full discussion when
considering the grant or refusal of an
injunction.

Per Siti Norma Yaakob JCA

Life span of an ex parte interim
injunction is 2 weeks from date of the
grant.
Application to have it revoked or set
aside must be heard & determined
by court before expiry of 2 weeks.

 Inter partes application to set aside

injunction was held & judgment of
judge was made within 2 weeks.
There was no basis for appellant to
reapply to judge for reinstatement of
interim injunction.
Plaintiff had adopted the correct
procedure when he proceeded to
appeal against judge's order.

Per curiam Gopal Sri Ram

HMR
When hearing an application for
interlocutory injunction, a judge
must:

 1) Ask himself whether the totality of the facts

presented before him disclosed a bona fide
serious issue to be tried.
He must refrain from making any
determination on the merits of the claim or
any defence to it & identify with precision the
issues raised & decide whether they are
serious enough to merit a trial
No serious question disclosed= Refuse relief
Serious questions to be tried=Move to inquiry

 2) He must consider whether the

justice of the case lies.
He must take into account all
relevant matters including practical
realities of case before him.
Weighing the harm the injunction
would produce by its grant.
Against the harm = Refuse relief

 3) Judge must remember that the

administered remedy should be
discretionary.
It is intended to produce a just result for
period between date of application & the
proper trial & to maintain status quo.
It is a judicial discretion capable of
correction on appeal.
A judge should briely set out in his
judgment several factors that weighed in
his mind when comes to his conclusion.