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2020 MarsdenLR 2483

HIGH COURT MALAYA KUALA LUMPUR
DATUK SERI MAGLIN DENNIS DCRUZ & ORS – Appellant
Versus
TAN SRI DATUK SERI M KAYVEAS & ORS (NO 2) – Respondent


Petitioner Advocates:Gavin Jayapal,Laavanya Selvaraja,Santhyaa Verugopal,Tanusha Nesaratnam ,Respondent Advocate: Damian Kiethan

JUDGMENT

Ong Chee Kwan JC:

[1] This judgment deals with the Court's jurisdiction to grant a quia timet injunction in circumstances where there is a clear abuse of the Court process.

Background Facts

[2] MyPPP was a political party that was established sometime in 1953.

[3] A company by the name of Bintang Iradat (M) Sdn Bhd (' Bintang Iradat') was incorporated in or around 10 April 2000 as the investmen t and corporate entity of myPPP.

[4] From 1988, myPPP was headquartered at a building known as Wisma myPPP. This building was initially rented by myPPP but sometime in 2003, myPPP utilising Bintang Iradat, had purchased the same ('the Property').

[5] Through a series of legal actions, the Federal Court had in the Civil Appeal No 2 October 2012(W) ruled on 15 January 2013 that the shares of Bintang Iradat were held in trust for myPPP ('Federal Court Decision').

[6] Sometime after the 14th General Election in Malaysia, there arose within myPPP an internal dispute regarding who were the actual office-bearers of the party.

[7] Sometime on 25 May 2018, Tan Sri Kayveas purportedly convened a Supreme Council meeting to settle the office-bearers of the Supreme Council members of myPPP for the term 2


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