KEET GERALD FRANCIS NOEL JOHN V MOHD NOOR @ HARUN BIN ABDULLAH American Cynamide

1. [Type here] ilyana iskandar [Type here]
KEET GERALD FRANCIS NOEL JOHN V MOHD NOOR @ HARUN BIN ABDULLAH
 appeal against the decision of Hc setting aside an injunction obtained ex parte by the
appellant (pf) against respondents (df)
 A Judge hearing an application for an interlocutory injunction should undertake an
inquiry along the following lines:
o firstly, he must ask himself whether the totality of the facts presented before him
discloses a bona fide serious issue to be tried; (cause of action or not?)
 Bears in mind that pleadings and evidence are incomplete at that stage.
 Above all, he must refrain from making any determination on the merits of
the claim or any defence to it.
 Sufficient if he identifies with precision the issues raised on the joinder
and decides whether these are serious enough to merit a trial.
 If no serious question disclosed, no injunction.
 If he find serious question to be tried, move to the next step.
o having found that an issue has been disclosed that requires further investigation,
he must consider where the justice of the case lies.
 In making his assessment, he must take into account all relevant matters,
including the practical realities of the case; (not guaranteed to get
injunction but. Court must look at the justice. The effect of grant & not
granting the injunction or looks at if there any worse scenario that will
happen if grant or not grant the injunction)
 Must weigh the harm that the injunction would produce by its grant
against the harm that would result from its refusal.
 Take into account the relative financial standing of the litigants before the
judege. Plaintiff is in financial ability to meet his undertaking in damages.
 If df would suffer suffer the greater injustice by the grant of an injunction,
judge must refuse the application.
 Take into account the plaintiff’s ability to meet his undertaking in damages
should the suit fail, and may require the the plaintiff to secure his
undertaking.
 Balance of convenience
 American Cynamide
o the Judge must have in the forefront of his mind that the remedy that he is asked to
administer is discretionary, intended to produce a just result for the period between
the date of the application and the trial proper and intended to maintain the status
quo. ( court discreation to grant the injunction. If yes, the court will do so in order to
preserve the status quo. If beyond that, x grant the injunction)
 to preserve the state of affairs existing prior to the application for the
injunction
 x be granted if damages are adequate remedies
 O29, r (1) (2A) – this case discuss all these element in full.