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An interlocutory injunction was sought by property owners Heah Seok Yeong in the case of Sivaperuman v. Heah Seok Yeong Realty Sdn Bhd in the Federal Court of Malaysia in 1978. Sivaperuman had been dismissed from his work at the Sungei Chinoh Estate in Perak, but had remained in residence on the estate. While the wording in the injunction ...
Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an action from dealing with or dissipating its assets so as to frustrate a potential judgment. It is widely recognised in other common law jurisdictions [ 1 ] and such orders can be made to have world-wide effect.
An injunction can require someone to do something, like clean up an oil spill or remove a spite fence. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction."
The substantive claim should be investigated and formulated as fully as possible before an interim injunction is sought. [ 2 ] If the application is made without notice, the applicant and his solicitors owe particular duties to the court including that they must make a fair presentation to the court of the material facts and the law relevant to ...
Interlocutory / ˌ ɪ n t ə r ˈ l ɒ k j ə ˌ t ɔː r i / is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is ...
An appeal is described as interlocutory when it is made before all claims are resolved as to all parties. For instance, if a lawsuit contains claims for breach of contract, fraud and interference with contractual advantage, and if there are three defendants in this lawsuit, then until all three claims are resolved as to all three defendants, any appeal by any party will be considered ...
Pendente lite is a Latin term meaning "awaiting the litigation" or "pending the litigation" which applies to court orders which are in effect while a matter (such as a sale of goods or a divorce) is pending. [1]
Uniqueness of the Property: The subject of the contract, especially in real estate transactions, must be unique to such an extent that monetary damages would not be a sufficient remedy. Irreparable Harm: The aggrieved party would suffer irreparable harm if specific performance were not granted, such as in cases where real property’s unique ...