Injunctions & Specific Performance in Malaysia by Dato’ R K Nandy

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Injunctions & Specific Performance in Malaysia by Dato’ R K Nandy

Author Dato’ R K Nandy
Publication Date Nov 2023
ISBN 9789671756362
Publisher Marsden

This book serves as an indispensable companion for practitioners dealing with cases involving injunctive or specific relief. It also functions as a convenient reference guide for practitioners during court proceedings. Key features of the book include:

  • - Coverage of over 400 current and updated case law authorities on the legal principles of Injunctions and Specific Performance in Malaysia.
  • - Thorough exploration of relevant law and procedure, covering not only Ex parte, Quia timet, Fortuna, or Mareva Injunctions, but also the Anton Pillar “Search Order,” the Erinford “Stay Order,” anti-Suit injunctions (Arbitration proceedings), injunctions in Matrimonial proceedings, Attachment Orders under the Debtor Act 1957, the Norwich Pharmacal Order, injunctive relief for a Breach of Confidence in Malaysia, and recent developments on Injunctions against “Persons Unknown.”
  • - Comprehensive guidance on preparing a clear and thorough supporting affidavit, acknowledged as the backbone for ex parte applications seeking injunctive relief. The instructions are derived from past and current cases cited in the book, ensuring the submission of precise and error-free affidavits in court.
  • - Specifically tailored for experienced legal practitioners looking to refine and update their knowledge in the concise framework of this text within the realm of Injunctions and Specific Performance.
  • - Designed to assist legal practitioners who may find navigating these areas of the law challenging.
  • - Suitable for chambering and law students facing the difficulty of comprehending the law of Injunctions and Specific Performance in Malaysia.
  • - The book aims to offer valuable insights and practical guidance, making it an essential resource for legal professionals at various stages of their careers.

Table of Contents of Injunctions & Specific Performance in Malaysia

Part One [1] The Law
1.1 Introduction
1.2 Nature Of Injunctions
1.3 Prohibitory & Mandatory Injunctions
2.0 Classification Of Injunctions
2.1 Temporary & Perpetual Injunctions
2.2 Types Of Injunctions
2.3 The American Cyanamid Principles
2.4 Anti-Suit Injunctions Arbitration Proceedings
2.5 Breach Of Confidence Injunctive Relief.
2.6 Injunctions In Matrimonial Proceedings
2.7 Attachment Order Under The Debtor Act 1957
2.8 Norwich Pharmacal Order
3.0 Parties
4.0 Injunctions When May Be Granted
4.1 Injunctions When Can Not Be Granted
4.2 Injunctions When May Be Refused
4.3 Further Equitable Considerations
5.0 Principles Applied In Granting An Injunction

Part Two [2] Procedure
6.0 Procedure
6.1 Interlocutory Injunction
6.2 Final Injunction
6.3 Mareva Injunction
6.4 Erinford Stay
6.5 Anton Pillar Order
7.0 Hearing Of Application
8.0 Undertaking As To Damages
9.0 Final Order
10.0 Appeals
11.0 Costs
12.0 Enforcement Of Judgements
13.0 Discharge, Suspension & Dissolution Of Injunction

Part Three [3] Specific Performance
14.0 Introduction
14.1 Contracts Specifically Enforceable
14.2 Contracts Not Specifically Enforceable
14.3 Discretion As To Decreeing Specific Performance
14.4 Parties & Persons For Whom Specific

Part Four [4] Supporting Affidavit Evidence
15.0 Introduction
15.0.1 Full & Frank Disclosure
15.0.2 Material Facts

ISBN: 9789671756362

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