An interlocutory injunction requires a serious issue to be tried and a balance of convenience favoring the injunction; failure on both counts results in dismissal.

(Enclosure 4)

A. Introduction

[1] This Court granted the plaintiffs an ex-parte Interim Injunction Order on 27 March 2024. Enclosure 4 was then heard inter parte, and on 22 November 2024 this Court dismissed it with costs.

B. Salient Facts

[2] The plaintiffs are the residents of the unit in Armanee Terrace Condominium as well as the 3rd to the 13th Defendants. The 1st defendant is the Director of the 2nd defendant.

[3] On 24 September 2023, an Annual General Meeting for the 13th Joint Management Committee of Armanee Terrace Condominium ('13th AGM ATC') was held at Dewan Komuniti BU11, Perumahan BU 11/12 Bandar Utama, 47400 Petaling Jaya, Selangor.

[4] In the Statement of Claim, the 1st plaintiff is introduced as the Chairman of JMC and the 2nd and 3rd plaintiff as members of JMC.

[5] The conflict between the plaintiffs and the 3rd to 6th defendants arose from this 13th AGM ATC. The plaintiffs averred that the 3rd defendant made three attempts to seize the power and authority of the 1st plaintiff. The plaintiff pleaded that the meeting registration process could not be carried out smoothly because the 3rd defendant, 4th defendant and some of the 3rd defendant's cronies had caused a commotion by preventing proxies from registering and entering the meeting hall.

[6] The Chairman of the AGM has informed the parties that there are 13 nominees for JMC members for the 2023/2024 term, which was subsequently reduced to 12 nominees. These include the 6th defendant, 1st plaintiff, 4th defendant, 3rd defendant, and 3rd and 2nd plaintiff. According to the plaintiffs, the Joint Management Body (JMB) has decided that the issuance of absence does not affect and impair the selection and membership of the candidates. This was because the proxies representing them were present at the material time, and the representatives of the 2nd defendant did not make any objection.

[7] The plaintiff further pleaded that the third defendant continued her attempt to seize power in the first JMC meeting, which was held on 7 October 2023. The members of the JMC have nominated two names to hold the position of Chairman of Armanee Terrace JMC, the first plaintiff and the third defendant, and the first plaintiff has been appointed as the Chairman.

[8] The plaintiff discovered that the 3rd defendant and the Office Manager had rummaged through all the proxy forms for the AGM-13 and complained to the 2nd defendant that the plaintiff's membership was invalid.

[9] The counsel for 3rd to 6th defendants summarise the facts of this case as follows:

(a) During the 13th AGM ATC, there were certain irregularities as follows:

i) The 1st Plaintiff claimed that he was representing four units, whereas the four units belonged to a company, which is LMS Digital Sdn Bhd and LMS Technology Distributions Sdn Bhd No proxy forms and letters of authorisation from these companies were submitted.

ii) During the election, the 1st Plaintiff was not present, and an owner named Natasha De Alwis came forward and claimed that she was the proxy for the 1st Plaintiff. However, in the attendance list, Ms Natasha was only representing her own unit, which is A-12A-C03A.

iii) The 2nd Plaintiff, had appointed Ms Chin Yuen Wen as a proxy for his unit, unit B-8-B02A. However, Ms Chin Yuen Wen was a registered proxy for unit B-17-C01, her