berchinThe ouster clause has been covered several times by...

berchin

The ouster clause has been covered several times by myself and I think others.. long and short the Judicial reviews will test it.

Rastus2

Sorry you've lost me there:)) lol

There were 2 Judicial Reviews applications which have been given leave. The Judicial Reviews are yet to be set and heard in the Federal Court.

There is this hearing today in the High Court which is an application for an interlocutory interim stay, until the Judicial Reviews are heard yes.

Exparte is my understanding:

Rules of Court 2012 Malaysia

ORDER 29
INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY
Application for injunction (O. 29, r. 1)
1. (1) An application for the grant of an injunction may be made by any party to a cause or matter before or after the trial of the cause or matter, whether or not a claim
for the injunction was included in that party’s originating process, counterclaim or third party notice, as the case may be.

(2) Such application may be made by a notice of application supported by an affidavit and where the case is one of urgency, may be made ex parte.


(2A) The affidavit in support of an application made ex parte must contain a clear and concise statement of—
(a) the facts giving rise to the claim;

(b) the facts giving rise to the application for interim injunction;

(c) the facts relied on to justify the application ex parte, including details of any notice given to the other party or, if notice has not
been given, the reason for not giving notice;
(d) any answer by the other party (or which he is likely to assert) to the claim or application;
(e) any facts which may lead the Court not to grant the application ex parte or at all;
(f) any similar application made to another Judge, and the order made
on that application; and
(g) the precise relief sought.
(2B) Unless earlier revoked or set aside, an interim injunction obtained on an
ex parte application shall automatically lapse twenty-one days from the date it was
granted.
(2BA) An ex parte interim injunction must be served within seven days of the
date of the order, and the Court when granting the order must fix a date to hear the
application inter partes within fourteen days from the date of the order.
P.U. (A)
130
(2C) A Court shall not grant an injunction on an ex parte application if the
effect is to stop the holding or progress of a meeting of a body corporate, a society, an
association, a union, an organization, a club or any other body of persons however
constituted or named.
(3) The plaintiff may not make such an application before the issue of the
originating process except where the case is one of urgency, and in that case—
(a) the injunction applied for may be granted on such terms, if any, as
the Court thinks fit; and
(b) if the originating process is not issued within two days of the
granting of the injunction, or such other period as the Court thinks
fit, the Court shall, on application by a defendant, discharge the
injunction.
(4) An order for interim injunction shall be in Form 53.