What is a ex parte injunction?
parte injunction is as much a temporary injunction as an injunction granted after hearing the opposite party. An ex parte injunction either ex parte or after hearing the opposite party. The only difference between an ex parte injunction. Allahabad High Court.
How do I file an injunction in Malaysia?
An application for interim injunction is made by way of a notice of application accompanied by an affidavit in support. An inter partes interim application will be heard in chambers by the judge, based on affidavit evidence filed by both parties.
What is Mareva injunction Malaysia?
A Mareva injunction is a temporary order which restrains the party being sued (defendant) from disposing of his/ her assets until the determination of the case between the suing party (plaintiff) and the defendant.
What are types of injunctions?
There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions. Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature.
When should I apply for an injunction?
An application for an injunction can be made once Court proceedings have begun. Alternatively, the Court can grant an injunction before the start of Court proceedings if the matter is urgent or if it necessary in the interests of justice.
How do I get a Mareva injunction?
The general process to obtain a Mareva injunction includes:
- Filing the Statement of Claim,
- Filing the ex parte motion,
- Appearing in Court on the motion and asking for an interim injunction (temporary injunction),
- Appearing in Court for an interlocutory injunction (which is valid until trial or the case is settled).
When to apply for an ex parte injunction?
If new significant events occur, for example, even before the order is served, an application must be made to Court which must be informed of the new circumstances. If the Court grants an interim injunction, it will be on such terms as the Court thinks just in the circumstances, having regard to the above criteria.
What are the types of injunctions in Malaysia?
Erinford injunction is one of the types of injunctions provided in court. Although it has not been formally introduced in Malaysian statutes, this does not restrict its usage and development in the courts of Malaysia. An injunction is a relief in the form of a court order, which forbids or compels a specified party from doing a certain act.
What is a Mareva interlocutory ex parte injunction?
Mareva injunctions are a type of interlocutory ex parte injunction which restrains a defendant from removing, disposing, or concealing his or her assets which may be necessary to meet the plaintiff’s claim.
Can a court grant an injunction without prior notice?
The Courts which exercise equitable jurisdiction (the Circuit Court, the High Court and the Court of Appeal or the Supreme Court on appeal) may, in exceptional cases of necessity, grant an injunction on the application of one party to legal proceedings, without prior notice to the other party.