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1988 MarsdenLR 884

EDGAR JOSEPH
CHENG HANG GUAN – Appellant
Versus
PERUMAHAN FARLIM (PG.) SDN.BHD. – Respondent


Advocates:
For the plaintiffs - Mohideen Abdul Kader (Meenakshi Raman with him); M/s. Meena, Rajes & Partners
For the defendants - J.A. Yeoh and Rajasingam; M/s. Shearn Delamore & Co. and Drew & Napier

JUDGMENT

Edgar Joseph Jr J:

Some four weeks ago, upon an opposed ex parte application by summons-in-chambers (Encl. 56) though unsupported by affidavit, by the first and second plaintiffs (the third plaintiff being dead) as occupiers of a plot of land (hereinafter described), I had, on an urgent basis heard argument by Counsel on both sides, and being satisfied that there was a prima facie case of real emergency where time was of the essence, granted an ex parte interim prohibitory injunction to endure until Monday 21 March 1988 at 5.00 p.m. the effect of which was to restrain the first and second defendants who are Perumahan Farlim (Penang) and Sriwata Sdn. Bhd., their servants or agents, as developers and contractors, from entering the said plot. There is plentiful authority supporting such a course of action and I need no more than refer to Re N. (Infants) [1967] Ch 512; P.S. Refson & Co. Ltd. v. Saggers [1984] 1 WLR 1025; Lee v. Department of Education and Science [1967] Atkins' Court Forms Vol. 22 p. 70 (1980 issue); WEA Ltd. v. Visions Channel 4 Ltd [1983] 1 WLR 721 at 724 col. D-F and Allen v. Jambo Holdings Ltd. [1980] 2 All ER 502.

In the event, the first defendant did app

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