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1994 MarsdenLR 47

HIGH COURT MALAYA TAIPING
LIM NYOOK YIN – Appellant
Versus
ULTRATECH SDN BHD & ANOR – Respondent


JUDGMENT

Hj Abdul Malik Hj Ishak J:

Timber concessions were granted to the first defendant in an area known as Dalam Air Tasik Temenggor, Daerah Hulu Perak ("the designated area") and being impecunious the first defendant entered into an agreement with the plaintiff on 19 February 1994 wherein the latter agreed to buy all the timber logs extracted from the designated area. Under the agreement, the plaintiff advanced RM432,000 to the first defendant to enable the latter to commence extraction of the timber logs at the designated area. The money advanced by the plaintiff came from Rencovest Sdn Bhd of which the plaintiff was the Managing Director and the majority shareholder. On the sly, the cunning first defendant entered into another agreement dated 8 August 1994 with the second defendant for the sale of all the timber logs extracted from the designated area. As a matter of urgency and feeling threatened, the plaintiff applied for an ex-parteinterim injunction. This was perfectly a legitimate course of action as Megarry J. saidBates v. Lord Hailsham of St. Marylebone[1972] 3 ALL ER 1019t "Ex-parteinjunctions are for cases of real urgency, where there has been a true impossibility of

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