GOPAL SRI RAM, ABDULL HAMID EMBONG, HELILIAH MOHD YUSOF
DATO SERI DR KOK MEW SOON & ORS – Appellant
Versus
MUSTAPHA MOHAMED & ORS – Respondent
Gopal Sri Ram JCA:
[1] This is the judgment of the court.
[2] This appeal is directed against the order of the Kuantan High Court dismissing the appellants' application for an interlocutory injunction restraining the receivers and managers appointed by Pengurusan Danaharta Nasional Berhad (Danaharta), the 3rd respondent before us.
[3] We will assume, without deciding, only for the purposes of this appeal, that the material produced before the learned judge and before us discloses serious questions to be tried. The only issue before us is whether the grant of an injunction in the terms sought is barred by s. 72 of the Pengurusan Danaharta Nasional Berhad Act 1998 ("the act"). There has been quite a lot of litigation about the act and for that reason we will not say much about the body it created. We will go straight into s. 72. That section provides:
72. Notwithstanding any law, an order of a court cannot be granted:
(a) which stays, restrains or affects the powers of the Corporation, Oversight Committee, Special Administrator or Independent Advisor under the Act;
(b) which stays, restrains or affects any action taken, or proposed to be taken, by the Corporation, Oversight
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.