Injunction in Malaysia: Types, Purpose, Requirements, and Costs
Introduction: What is an Injunction in Malaysia law?
An injunction is one of the most powerful and useful remedies available in Malaysian law. It is a court order that requires a party to either:
- Stop doing something (known as a prohibitory injunction), or
- Do something specific (known as a mandatory injunction).
In practical terms, injunctions are often used when damages (monetary compensation) are not enough to protect a person’s rights. For example, if someone is about to transfer away property fraudulently, or if a competitor is about to disclose confidential business secrets, monetary compensation later will not undo the harm. In such cases, an injunction is the only effective tool to prevent the damage before it happens.
In Malaysia, injunctions are governed by the Rules of Court 2012, Courts of Judicature Act 1964 and the Court’s inherent jurisdiction to prevent injustice and judicial principles developed by the courts. The ability to secure an injunction quickly can mean the difference between preserving your rights and suffering irreversible losses.
At JY Ko Advocates & Solicitors, we handle urgent injunction applications, ranging from property disputes to commercial litigation. Whether you are an individual, a business, or a joint management body (JMB/MC) in a strata dispute, our lawyers are well-equipped to act swiftly and effectively.
When Do You Need an Injunction?
Many clients approach us with an urgent situation where time is critical. Injunctions are typically sought in the following circumstances:
- Commercial fraud cases – When a party is about to dissipate assets or misappropriate company property.
- Property disputes – For example, stopping an unlawful sale or transfer of land.
- Trespass cases – Preventing unlawful occupation or interference with property.
- Strata management disputes – Stopping unlawful resolutions or preventing misuse of condominium funds.
- Breach of contract – To restrain a party from carrying out actions contrary to an agreement.
- Confidential information & intellectual property – Preventing disclosure or misuse of trade secrets.
- Company disputes – Restraining directors or shareholders from acting against company interests.
- Defamation cases – Seeking to restrain publication of defamatory statements.
- Family & estate disputes – Preventing unlawful removal or sale of estate assets.
Injunctions are especially vital when waiting too long would defeat the purpose of litigation. For example, if assets are transferred overseas, or if a building is demolished, it may be impossible to restore the situation later.
That being said, time (delay) is a factor of consideration by the Judge in whether or not to grant the injunction sought for.
Types of Injunctions in Malaysia
Malaysian courts recognise several types of injunctions, each tailored to different needs.
1. Prohibitory Injunction
This is the most common type, where the court orders a party to refrain from doing something. Example: stopping a neighbour from encroaching onto your land.
2. Mandatory Injunction
Here, the court orders a party to perform a specific act. Example: compelling a tenant to vacate premises or requiring a party to restore property to its original condition.
3. Interim and Interlocutory Injunctions
- Interim injunction – Granted temporarily until a certain stage of proceedings.
- Interlocutory injunction – Granted to preserve the status quo until the full trial is concluded.
4. Mareva Injunction (Freezing Order)
One of the most powerful injunctions, a Mareva order prevents a party from disposing of or transferring assets. Commonly used in fraud and debt recovery cases to ensure assets remain available for enforcement.
5. Anton Piller Order (Search and Seizure Order)
This allows a party to enter another’s premises to secure evidence (usually documents or materials that may otherwise be destroyed). It is commonly sought in intellectual property disputes.
6. Quia Timet Injunction
A preventative injunction, granted to stop an anticipated wrongful act before it occurs. Example: preventing a developer from commencing construction that may cause nuisance.
7. Ex-Parte Injunction (Without Notice)
In urgent cases, an injunction can be obtained without notifying the other party. This is done when giving notice would defeat the purpose (e.g., the defendant may quickly transfer assets). However, these orders are temporary and usually require a full hearing shortly after.
8. Perpetual Injunction
Granted as part of a final judgment after consideration of all facts and evidence, permanently restraining or ordering a party from or for certain actions.
At JY Ko Advocates & Solicitors, our team has experience in all these categories, ensuring that clients receive the most suitable injunction strategy for their circumstances.
Legal Principles Governing Injunctions in Malaysia
Courts in Malaysia do not grant injunctions lightly. Applicants must satisfy well-established principles, often referred to as the American Cyanamid principles, which include:
- Serious issue to be tried – There must be a genuine legal dispute, not a frivolous claim.
- Damages not an adequate remedy – Monetary compensation must be insufficient to remedy the harm.
- Balance of convenience – The court considers which party would suffer greater harm if the injunction is granted or refused.
- Irreparable harm – The applicant must show that without the injunction, harm suffered cannot be undone.
- Undertaking as to damages – Applicants must usually give an undertaking to compensate the other party if it later turns out the injunction was wrongly granted.
Failure to meet these conditions may result in the application being dismissed.
Procedure for Applying for an Injunction in Malaysia
The process of obtaining an injunction typically involves:
- Filing an Originating Summons or Writ of Summons (depending on the case).
- Supporting affidavit – Detailing facts, urgency, and evidence.
- Ex-parte or inter partes hearing – Depending on whether the other party is notified.
- Grant of interim injunction – If urgent, may be granted ex-parte.
- Subsequent full hearing – To determine whether the injunction should be continued until trial.
Time is critical. Courts expect applicants to act promptly and without delay. Any delay may weaken the case, as urgency is a key factor in injunction applications.
At JY Ko Advocates & Solicitors, we prepare urgent injunction applications on short notice. Our lawyers understand that hours can make a difference in protecting assets or rights.
Case Examples of Injunctions in Malaysia
Malaysian courts have dealt with injunctions across a wide variety of disputes:
- Mareva injunctions in fraud cases to prevent transfer of funds overseas.
- Strata management injunctions to restrain unlawful use of sinking funds by Joint Management Bodies.
- Company disputes where directors are restrained from misusing corporate property.
- Land disputes where trespassers are compelled to vacate.
- Defamation injunctions to stop publication of damaging material.
These cases show the breadth of circumstances where injunctions can be vital.
Challenges and Risks of Injunctions
While injunctions are powerful, they come with risks:
- Undertaking as to damages – If you wrongly obtain an injunction, you may be liable to compensate the other party for losses.
- High evidentiary burden – Courts require fairly strong evidence before granting relief.
- Costs – Legal fees may be significant due to the urgency and complexity for certain cases.
- Risk of discharge – If improperly obtained, injunctions may be quickly set aside.
This is why having experienced lawyers is essential. At JY Ko Advocates & Solicitors, we carefully evaluate each case to ensure the injunction application is strategically sound and properly supported.
How JY Ko Advocates & Solicitors Can Help
- Fast Action: We act quickly to prepare and file injunction applications, often within hours.
- Experience: Our firm had experience or had successfully obtained injunctions across commercial, property, corporate, and strata disputes.
- Court Representation: We represent clients in Magistrates’ Court, Sessions Court, High Court, Court of Appeal, and Federal Court where necessary.
- Comprehensive Service: Beyond injunctions, we handle full litigation and dispute resolution to protect your rights.
Why Choose JY Ko Advocates & Solicitors for Injunctions?
- Boutique Firm Advantage – Personalised, fast, and attentive service.
- Wide Litigation Experience– From debt recovery to corporate disputes.
- Client-Centred Approach – Your urgency is our priority.
- Proven Track Record – Successfully handling urgent injunctions across Malaysia.
When it comes to injunctions, speed and precision matter most. Our team ensures that no time is wasted when your rights are at stake.
FAQs About Injunctions in Malaysia
1. How fast can I get an injunction?
In urgent cases, injunctions can be obtained within 24 to 48 hours, sometimes even on the same day.
2. Can an injunction stop someone from selling property?
Yes. Courts often grant injunctions to stop unlawful transfers or sales of land and property.
3. What happens if an injunction is breached?
The party may be held in contempt of court, which can lead to fines or imprisonment.
4. How much does it cost to file an injunction in Malaysia?
Costs vary depending on complexity, urgency, and evidence required. Contact our firm for a tailored consultation.
5. Can I get an injunction without the other party knowing?
Yes, through an ex-parte injunction, but it is temporary and subject to full Hearing (inter parte) shortly after.
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Disclaimer: The above proposition is subject to actual facts and circumstances and shall never be referred as the actual law without seeking legal advice. Consult us for more information!