An injunction cannot be granted against the government, and a judicial review application dismissed for lack of legal duty and improper request for interim relief.

JUDGMENT

(Enclosure 59)

Ahmad Kamal Md Shahid J:

Introduction

[1] The Applicant had applied for interim injunctive relief by way of Notice of Application (encl 59) under O 53 r 2 of the Rules of 2012 (ROC) and/or Order 29 r 1 of the ROC and/or section 44 of the Specific Relief Act 1950 ( SRA ) seeking inter alia the following orders:

1.1. An injunction to restrain any form of execution pursuant to the Respondent's letter dated 26 August 2020 to Siva Ananthan a/I v. Vivekanandan (the Intervener) allowing the Intervener to hold the position of "District Governor and Director in Syarikat Rotary International District 3300 (Malaysia) Berhad' until the disposal of the Applicant's application for Judicial Review;

1.2. An Order of Mandamus against the Respondent that the Intervener does not hold the position of "District Governor", District Governor Elect' and/or "Director" in Rotary International District 3300 (Malaysia) Berhad until the disposal of the Applicant's application for Judicial Review; and

1.3. An injunction to restrain the Intervener from holding the position of "District Governor", "District Governor Elect" and/or "Director" in Rotary International District 3300 (Malaysia) Berhad until the disposal of the Applicant's application for Judicial Review.

[2] After the hearing, I dismissed the Applicant's application (Enclosure 59). This judgment will contain the full reasons for the dismissal.

Cause Papers

[3] The relevant cause papers before this Court are as follows:

i. Notice of Application (ex parte) (amended*) for leave for judicial review dated 28 December 2020 (Enclosure 45);

ii. Statement (amended*) pursuant to O 53 r 3(2) of the ROC dated 28 December 2020 (Enclosure 47);

iii. Applicant's Affidavit in Support (amended*) affirmed by Poh Liong Ban dated 28 December 2020 (Enclosure 46);

iv. Order of the Court of Appeal (Civil Appeal No W-01 (IM)-277-05/2021 dated 6 April 2022;

v. Order of the Court of Appeal (Civil Appeal No W-01 (IM)-278-05/2021 dated 6 April 2022;

vi. Notice of Hearing for Judicial Review (amended*) dated 15 April 2022 (Enclosure 48);

vii. Respondent's Affidavit in Reply affirmed by Nurul Izalina binti Rajaai dated 7 June 2022 (Enclosure 50);

viii. Applicant's Affidavit in Reply (to Respondent) affirmed by Poh Liong Ban dated 7 July 2022 (Enclosure 57);

ix. Additional Affidavit in Support affirmed by Mansor bin Saat dated 7 July 2022 (Enclosure 58);

x. Notice of Application (ex-parte) (interim relief) dated 8 July 2022 (Enclosure 59);

xi. Affidavit in Support affirmed by Poh Liong Ban dated 8 July 2022 (Enclosure 60);

xii. Respondent's Affidavit in Reply affirmed by Nurul Izzati Binti Setaffa dated 29 July 2022 (Enclosure 64);

xiii. intervener's Affidavit in Reply affirmed by Dato' Dr Siva Ananthan a/I v. Vivekanandan (the Intervener) dated 4 August 2022 (Enclosure 65);

xiv. Applicant's Affidavit in Reply (to the Respondent for interim relief) affirmed by Poh Liong Ban dated 11 August 2020 (Enclosure 70); and

xv. Applicant's Affidavit in Reply (to the Intervener for interim relief) affirmed by Poh Liong Ban dated 11 August 2022 (Enclosure 71).

Background Facts

[4] The background facts of this Application based on the Applicant's Affidavit and submissions of the parties are largely undisputed and can be summarized as follows:

4.1. Based on the application by the Intervener, the Senior Assistant Director of Insolvency on behalf of the Director General of Insolvency issued a letter to the Intervener dated 26 August 2020 (the Permission Letter) to grant him permission to hold a post as a District Governor and Director at Rotary International District 3300 (Malaysia) Berhad (RID 3300) subject to the conditions listed in the Permission Letter.

4.2. RID 3300 is a public limited company limited by guarantee and consists of 84 Rotary clubs which are registered under the Societies Act 1966.

4.3. The Rotary clubs are led by a District Governor who is also a Director of RID 3300.

4.4. The Applicant and the Intervener are both members of Rot