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2002 MarsdenLR 1724 ; 2002 MarsdenLR 1

GOPAL SRI RAM, ABDUL KADIR SULAIMAN, ALAUDDIN MOHD SHERIFF
RHB BANK BHD – Appellant
Versus
TREASURE ISLAND RESORTS SDN BHD – Respondent


Advocates:
For the appellant - Asbir Kaur Sangha (Anit Kaur Radhwa); M/s Asbir, Hira Singh & Co
For the 1st respondent - Ramdas Tikamdas; M/s Siva, Ram & Assoc
For the 2nd, 3rd & 4th respondents - Dato Lakhbir Singh Chahl; M/s Lakhbir Singh Chahl & Co

JUDGMENT

(Oral)

Gopal Sri Ram JCA delivering judgment of the court:

This is the judgment of the court.

On 16 August 1988 the 1st, 2nd, 3rd and 4th respondents to this appeal obtained an injunction from the High Court against the appellant as well as the receivers and managers of a company known as Cocoa Processors Sdn. Bhd. restraining them from selling or dealing with or parting with any or all of the assets of Cocoa Processors Sdn. Bhd. until the final determination of the principal suit.

There was a further injunction which restrained the defendants in the action from issuing any prospectus or releasing any information pertaining to the trade and production methods relating to Cocoa Processors Sdn. Bhd. or allowing any such inspection of its assets to any party or person without express order of the court.

On 23 February 1989 that injunction was dissolved. An order was also made on the assessment of damages for any loss that might have been occasioned in consequence of the injunction. Pursuant to that order, an inquiry as to damages was conducted by the registrar. Oral evidence was heard in the sense that the deponents of the affidavits were cross-examined. After a long hearing,

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