What Is an Injunction?

 

What Is an Injunction?

 

An injunction is a court order that tells a person or organisation to do something or stop doing something. It is usually sought when a person believes that their rights may be harmed if the situation continues.

 

For example, a person may apply for an injunction to stop someone from:

 

* Selling or disposing of disputed property;

* Entering or using certain property;

* Continuing an act that may cause serious harm; or

* Disclosing confidential information.

 

An injunction can also require someone to take a particular action, although injunctions requiring a person to do something are generally treated more cautiously by the court.

 

When Will a Court Grant an Injunction?

 

An injunction is not automatically granted just because someone applies for one. The court will consider the circumstances of the case and whether it is appropriate to make the order.

 

In Malaysia, applications for injunctions are commonly made under the Rules of Court 2012 and the court’s equitable jurisdiction. The applicant generally needs to show that there is a serious issue to be tried and that an injunction is appropriate in the circumstances.

 

The court may also consider whether damages would be an adequate remedy and where the balance of convenience lies.

 

Temporary or Permanent?

 

An injunction may be interim, meaning it operates temporarily while the case is being decided. Its purpose is often to preserve the position until the court can determine the parties’ rights.

 

A permanent injunction, on the other hand, may be granted after the court has fully considered the case and determined that continuing protection is justified.

 

What Happens If Someone Breaches an Injunction?

 

A person who deliberately disobeys a court injunction may face serious consequences, including contempt of court proceedings. Therefore, an injunction should not be ignored simply because the person disagrees with it.

 

In Simple Terms

 

Think of an injunction as a legal stop sign or instruction from the court. It is designed to prevent harm, preserve rights, or maintain the position between parties while a dispute is being resolved.

 

If you are considering applying for an injunction, or have received one, it is important to obtain legal advice promptly. The requirements and consequences can depend greatly on the facts of the particular case.

 

This article is for general public education only and is not legal advice. Malaysian law and court procedures may change, and specific legal advice should be obtained for individual circumstances.