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SUPREME COURT KUALA LUMPUR
LIM KIT SIANG – Appellant
Versus
UNITED ENGINEERS (M) BHD & ORS – Respondent
[1] This suit is for a declaration against 2nd and 3rd respondents. By summons-in-chambers dated 18 August 1987 the appellant sought an interim injunction against the 1st respondent to restrain him from signing the proposed contract.
[2] The learned Judge's interpretation of s 29 of the Government Proceedings Ordinance is too wide. Apart from what the statute expressly prohibits, he ruled that the Court cannot grant injunction against a party having a transaction with the Government as in the present case. That will have the effect, he said, of indirectly prohibiting the Government from signing the agreement. With respect, we are unable to agree with the learned Judge's extension of the scope of that section.
[3] We have considered a number of authorities both English and local as to the question of locus standi. We need only say that on the facts of this case the appellant clearly has locus standi to bring this suit.
[4] For the purpose of the application we do not consider the question of the lawfulness or otherwise of the contract is relevant at this stage. We therefore allow the appeal. Costs in the cause.
[5] We would grant the orders in terms of p
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