Anita Harun JC:

Introduction

[1] This is an appeal by the plaintiff against my decision delivered on 2 October 2025 whereby the court declined to confirm the ex parte injunction previously granted on 19 September 2025 and instead discharged the said interim order.

[2] Enclosure 3 is the plaintiff's ex parte Notice of Application dated 10 September 2025 pursuant to O 29 of the Rules of 2012 ("ROC 2012"), ss 11(1)(a), (b) and 50 of the Arbitration Act 2005 and/or the inherent jurisdiction of the court for the following orders:

"1. the defendant, whether by themselves, their servants, agents, employees, nominees or otherwise howsoever, be restrained from giving effect to any purported termination of the Letter of Award dated 29 May 2025 in respect of the sub-contract works for "Package C Restoration of Track and Slope Stabilisation Track Rehabilitation and Associated Works due to Major Flood between Gua Musang and Tumpat Railway Station, Kelantan" ("the Project") awarded to the plaintiff by the defendant ("the Letter of Award") pending the full and final disposal of the Originating Summons herein;

2. that the defendant, whether by themselves, their servants, agents, employees, nominees or otherwise howsoever, be restrained from giving effect to any purported termination of the Letter of Undertaking dated 29 August 2025 issued by the defendant to the plaintiff ("Letter of Undertaking") pending the full and final disposal of the Originating Summons herein;

3. that the defendant be required to take all necessary steps and/or do all that is within their control to ensure that the Letter of Award and Letter of Undertaking remains valid and in existence pending the full and final disposal of the Originating Summons herein;

4. that the defendant be required to take all necessary steps and/or do all that is within their control to ensure that the Contract No. KP/KEW/19/2025 awarded by the Ministry of Transport of Malaysia to the defendant by letter dated 6 August 2025 in respect of the Project remains valid and in existence pending the full and final disposal of the Originating Summons herein;

5. that the defendant, whether by themselves, their servants, agents, employees, nominees or otherwise be restrained from and/or further engaging, discussing and commencing negotiations in any way whatsoever for the purpose of entering into, and/or agreeing to enter, and/or entering into any other agreements and arrangements in respect of the sub-contract works for the Project pending the full and final disposal of the Originating Summons herein;

6. that the defendant, whether by themselves, their servants, agents, employees, nominees or otherwise be restrained from entering into, and/or agreeing to enter, and/or entering into any other agreements and arrangements in respect of the sub-contract works for the Project pending the full and final disposal of the Originating Summons herein;

7. that the defendant, whether by themselves, their servants, agents, employees, nominees or otherwise be restrained from disposing of, assigning, transferring, charging or otherwise in any way dealing with the total sum of RM630,000.00 paid by the plaintiff to the defendant on 16 July 2025, 19 July 2025 and 25 July 2025 pending the full and final disposal of the Originating Summons herein;

8. that the defendant retain a sum of RM630,000.00 in an interest-bearing trust account separated from the defendant's general company funds forthwith pending the full and final disposal of the Originating Summons herein and the defendant disclose proof of such retention of funds within seven (7) days of setting up the interest-bearing trust account;

9. such other and/or further relief deemed just and appropriate by this Honourable court; and

10. costs."

[3] Enclosure 3 was filed together with a certificate of urgency and an Ex Parte Injunction Order (Encl 8) was granted in favour of the plaintiff on 19 September 2025. An inter partes hearing was then fixed on 2 October 2025.

Facts Of Th