Interim reinstatement injuction

Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2022) Interim reinstatement injuction. In: Equity & trusts in Malaysia: law & practice. Thomson Reuters Asia Sdn. Bhd., Subang Jaya, Selangor, pp. 259-271. ISBN 9789672723165

PDF - Published Version Restricted to Registered users only Download (554MB) | Request a copy

Abstract

Generally, the jurisdiction to grant an injunction is established under Chapters IX and X of the Specific Relief Act 1950 as well as Paragraph 6 of the Courts of Judicature Act 1964, and the procedure to be followed is governed by Order 29 of the Rules of Court 2012. In Khoo Soo Teong v. Khoo Siew Ghim & Anor [1991] 1 MLJ 436, 439, it was stated that an application for an injunction may be made by any party to a cause or matter at any stage of the proceeding, whether or not a claim for the injunction was included in that party’s writ and statement of claim or counterclaim or third-party notice. An interim injunction is an injunction made in the meantime and until something is done, i.e. until the final disposal of the matter. In determining whether an interim injunction should be granted, the principles set out in American Cyanamid Co v. Ethicon Ltd [1975] 2 WLR 316 has to be considered and among them are as follows: “(i) there must be a serious question to be tried; (ii) whether damages would constitute an adequate remedy, i.e. whether the plaintiff would be adequately compensated in damages for the defendant’s activities if the plaintiff were to succeed; and (iii) a consideration of the balance of convenience and maintenance of the status quo”. In light of the above, this chapter discusses the availability of the interim reinstatement injunction in unfair dismissal cases with reference to the Court of Appeal’s decision in Dr. David Vanniasingham Ramanathan v. Subang Jaya Medical Centre Sdn Bhd [2007] 1 CLJ 107, CA. The availability of similar remedy in other jurisdictions is discussed with reference to the practiced in New Zealand where it is noted that such remedy was first time recognised in 1992 by the New Zealand Employment Court and thereafter, entrenched into their labour legislation.

Item Type:	Book Chapter
Uncontrolled Keywords:	Injunction, Reinstatement, Employment Law, Contract.
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	10 Mar 2023 16:55
Last Modified:	10 Mar 2023 16:55
URI:	http://irep.iium.edu.my/id/eprint/103932

Actions (login required)

View Item