Key Elements to Plead for Fortuna Injunction Success

the disposal of the Arbitration and a Fortuna Injunction. ... if the court dismisses the Stay Application, does the court have the discretionary power to grant a Fortuna Injunction to restrain the Defendant from presenting a petition to wind up the Plaintiff based on the AD (Fortuna Injunction Application)? ... … As such, we were inclined to agree with the proposition that, for the purpo....

High Court Malaya Shah Alam

Like a Mareva Injunction or an Anton Piller Order, a Fortuna Injunction operates in a pre-emptive manner. ... company if a Fortuna Injunction were not granted had been established. ... [21] In this application, the plaintiff was relying on the first branch of the principle governing the granting of a Fortuna Injunction. Hence, it was for the plaintiff to establish both....

to an application for a Fortuna injunction. ... No Fortuna injunction can be granted on this basis. ... against a company is known as a “Fortuna Injunction”, taking its name from the case of Fortuna Holdings Pty Ltd v. ... [84]For the record, upon my refusal of the Fortuna injunction application at the conclusion of the hearing, the ....

Court of Appeal Putrajaya

Our Decision [17] We would start our analysis by looking at the basic premise of the LJC's decision that in considering the exercise of his discretion whether or not to grant a Fortuna injunction in this case, the judge has to also bear in mind the need ... [5] The kind of injunction by which an intended winding-up petition is sought to be restrained is known as a "Fortuna injunction" ....

High Court Malaya Kuala Lumpur

[25] These two grounds form the basis of the plaintiff's arguments in its application for a Fortuna Injunction. ... As such, the first ground relied on by the plaintiff in its application for a Fortuna Injunction - the existence of a debt that is disputed on substantial grounds - would be applicable. ... Under this second situation, the Court in ASM Development, quoting McGarvie J in Fortuna Holdings Pty....

High Court Malaya Shah Alam

[72] If an adjudicated sum may still be seriously disputed under a s 30 remedy under the CIPAA, then there would not have been any need for the Principal to pay the sum over to the successful Claimant. ... It need not even be registered under a s 28 of CIPAA 2012. ... Analysis And Decision The Law On Fortuna Injunction [19] The orders sought by the Applicant are in the nature of a Fortuna#HL_E....

High Court Malaya Kuala Lumpur

Companies Act 2016 , a successful litigant in an adjudication proceeding need not have to register the said adjudication decision under s 28 of the CIPAA. .... ... The merits of the appeal are not matters this court ought to be concerned with in determining if a Fortuna Injunction should issue.... ... [26] Whether the Enforcement OS would become "superfluous" is a matter for the court hearing that application and is not r....

High Court Malaya Kuala Lumpur

Fortuna Holdings Pty Ltd v. ... Wan Muhammad Amin Wan Yahya J:[1] This was the Plaintiff's application for a Fortuna injunction to restrain the Defendant from filing a winding up petition

High Court Malaya Shah Alam

[13] The fact that the Fortuna Injunction was dismissed is no bar to this Court granting an Erinford Injunction. In Subashini Rajasingam v. ... [11] To prevent the Defendant from proceeding to file a winding up petition, the Plaintiff applied to this Court for a Fortuna injunction. ... The Plaintiff has since filed an appeal against the dismissal of the Fortuna Injunction#HL_....

High Court Malaya Shah Alam

The process should not be hindered through the granting of a Fortuna injunction. To do so would be curtailing the legitimate rights of would-be petitioners. To do so would be permitting applicants for Fortuna injunctions to abuse the process of the Court. ... The Applicable Law And Principles [25] The genesis of Fortuna Injunction can be traced to the case of Fortuna Holdings Pty Ltd v....

2020 0 Supreme(P&H) 736

Grant of mandatory injunction is governed by Section 39 of the Specific Relief Act which contains two important elements. It is only after fulfillment of the aforesaid conditions, a decree for mandatory injunction can be granted. The Court has to determine what acts are necessary in order to prevent the breach of obligation and secondly the requisite act must be such as the Court is capable of enforcing. These two elements have to be considered before granting a decree for mandatory ....

2017 0 Supreme(Del) 74

(v) The Petitioner, on the other hand, had no explanation as to why the action was not taken for all these years. Therefore, the Petitioner had failed to establish four elements constituting the INDRP policy which had to be fulfilled for a complaint to be successful.

2016 0 Supreme(Bom) 533

En route, the hero encounters various evil sorts, all of whom he despatches with his martial arts moves. In these paragraphs, the Plaintiffs say that the key novelty lies in the presence of a large crime-lord-controlled building under assault from the police, who find themselves under attack and have to fight their way out, and the only way out is by going up. But let us take the key elements is stated in paragraphs 3.2 and 3.8, because we are all today constrained by what is pleaded....

2015 0 Supreme(Ker) 473

There is no quarrel with regard to that proposition of law. At the same time, in order to attract the provisions of a particular enactment, at least bare facts or fundamental facts or basic facts to invite the application of such law or Statute, have to be made out in the pleadings. It is a fact that has to be pleaded before the Court below that the petitioner is either the author or the petitioner has got the right to infringe the copyright in respect of the software, in case where the petiti....

2014 0 Supreme(Del) 2369

It is this fundamental principle which binds every court. It is this very principle which shall be violated if the present appeal is accepted. 1. What is not the pleaded, cannot be proved, what is admitted need not be proved.