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1987 MarsdenLR 530

SUPREME COURT KUALA LUMPUR
PERMODALAN MBF SDN BHD – Appellant
Versus
TAN SRI DATUK SERI HAMZAH ABU SAMAH & ORS – Respondent


Petitioner Advocates:Sri Ram ,Respondent Advocate: Wong Weng Kwai,Chuah Mei Lin

JUDGMENT

Syed Agil Barakbah SCJ:

[1] We allowed this appeal on 17 July 1987 with the order that each party bear its own costs and promised to give our reasons later. We do so now.

[2] The appeal arose from the decision of VC George J in the High Court Kuala Lumpur who held that the High Court has jurisdiction to suspend the effect of an ex parte interim injunction granted on 20 November 1986 pending the hearing of an application to have it set aside before Zakaria J. The said injunction at the instance of the plaintiff/appellant restrained Emtex Corporation Berhad (the 11th respondent) and its directors viz the first to the eighth respondents respectively from functioning or performing any of the duties of directors or officers of the company and to refrain from completing and proceeding with the sale and purchase of shares of the ninth respondent by the eleventh respondent from the tenth respondent. It also appointed four new directors named therein to carry out the functions and duties of the board of directors and of the eleventh respondent until after the trial of the action. The former directors and the officers of the company were directed to hand over forthwith all corresponden

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