LAW612 - Injunctions

When issuing equitable remedies, equity acts in personam. What does this mean?

• Equitable remedies attach to the property in dispute

• Equitable remedies order a person to do or refrain from doing some act

The issue of injunctions is within the discretion of the court. A number of factors may be taken into account. Which of the following factors would not justify the granting of an injunction?

• The claimant's proprietary rights are being interfered with

• The defendant is threatening to infringe the claimant's legal or equitable rights

• The court considers the actions of the defendant to be unfair and undesirable

• The claimant's rights are being infringed by persons who are not parties to the case

An injunction will only be granted when a common law remedy, such as damages would be inadequate or inappropriate. In which of the following situations would an injunction be granted?

• The loss to the claimant can be quantified in financial terms

• The loss to the defendant would be severe

• The defendant is immensely rich

• The claimant delayed in seeking a remedy

According to American Cyanamid Co. v Ethicon Ltd. [1975] 1 All ER 504 there are several factors that the court must consider before deciding whether or not to issue an interim injunction. Which of the following is not a relevant factor?

• Damages would be an adequate remedy

• The claimant has a good case in law and fact

• The claimant would be able to compensate the defendant if the claimant fails at the eventual trial

• The balance of convenience

A "Mareva Injunction" freezes the assets of the defendant until the full trial is heard. This could make life very difficult for the defendant. Why did Lord Denning devise the "Mareva Injunction"?

• To deal with the problem of foreign defendants using local courts
  

• To ensure that claimants fully stated their claim

• To prevent the defendant removing their assets before judgment

• To ensure that claimants could compensate the defendant

How is an "Anton Piller Order" (Search Order) different from a search warrant?

• An Anton Piller Order requires the defendant's permission to enter premises, a search warrant does not
  

• A search warrant is issued by the police, an Anton Piller Order by the High Court

• A search warrant may be issued in order to preserve evidence; an Anton Piller Order is to copy evidence

• A search warrant allows the search of premises, under an Anton Piller Order they may only be inspected

When an Anton Piller order is served on the defendant the claimant should be attended by their solicitor. Why?

• In order to prevent any violence

• To ensure that only material specified in the order is taken

• To report back to the court

• To advise the defendants on the meaning of the court order

Specific performance may be granted by a court to enforce a contract. For which of the following contracts would specific performance not be granted?

• A contract for the sale of land

• A contract for the sale of a valuable chattel

• A contract to write a book for a publisher

• A contract to perform a concert

What is the purpose of a Mareva injunction in Malaysia?

• To compel a party to disclose documents

• To prevent a party from disposing of assets pending litigation

• To speed up the trial process

• To compensate the plaintiff for damages

Which case in Malaysia is often cited as establishing the principles governing Mareva injunctions?

• Boustead Trading (1983) Sdn Bhd v Arab-Malaysian Merchant Bank Bhd

• Tan Sri Vincent Tan Chee Yioun v Tan Keng Lian & Anor

• Kanda Sasti Kavasam v Ang Hiok Seng

• Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd