Tutorial – Injunction

1. Explain the different stages of injunctions and type of injunctions.

2. What are the principles governing temporary injunctions?
3. Explain the differences between specific performance and injunction to perform
negative agreement.
4. With reference to the case of Eshwara Engineering Sdn Bhd v Delta Structure Sdn
Bhd [2003] 4 MLJ 18, explain the difference between mandatory injunction and
prohibitory inunction.
5. Injunction is also known as the preventive relief under equity. Explain its distinctive
characteristic.

6. Bank Keluarga Malaysia (BKM) discovered that Ranney, the director of BKM’s
subsidiary company had awarded a loan of RM2.6 million to Sukahati Sdn Bhd (SDB)
and was given a gift amounting to RM 1 million which he deposited in his personal
account. A month after that, Ranney tendered his resignation and the Bank got to
know that Ranney planned to migrate to Australia.

Advise Bank Keluarga Malaysia (BMK) as to how Ranney can be stopped from
dissipating the property to migrate to Australia.

7. Adly and Aida entered into an agency agreement verbally whereby Aida agreed to
sell electrical products (with commission to be paid) produced by Adly’s company.
Commission was never paid. Aida wishes to bring an action against Adly. Particulars
on the sales are not with Aida but in Adly’s possession.

Advise Aida on the suitable injunction.