There are several injunctions that are named after landmark case laws, each carrying specific legal principles and criteria. These are landmark cases from English common law, which heavily influences the Malaysian legal system. Here’s a fun way to remember each of them:
MAREVA INJUNCTION (THE ICE SPELL)
YOUR ULTIMATE FREEZE SPELL- Culminating from the decision of Mareva Compania Naviera SA v. International Bulkcarriers SA, this injunction is used to freeze a defendant’s assets to prevent them from being dissipated or removed from the jurisdiction before a judgment can be enforced. It is typically granted when there is a risk that the defendant might dispose of their assets to evade a court judgment.
ANTON PILLER ORDER (THE SECRET MISSION)
THIS IS PERFECT FOR WHEN YOU NEED TO GO ON A COVERT MISSION- The case of Anton Piller KG v. Manufacturing Processes Ltd brought forth this ex parte injunction that allows a plaintiff to enter the defendant’s premises to search for and seize evidence without prior warning. It is used to prevent the destruction or concealment of crucial evidence, often in cases involving intellectual property or breach of confidentiality.
QUIA TIMET INJUNCTION (THE FUTURE VISION)
YOUR CRYSTAL BALL TO LOOK INTO THE FUTURE BEFORE CHAOS ENSUES- This type of injunction originates from the decision of Fletcher v Bealey and is granted to prevent an anticipated wrongful act that has not yet occurred but is imminent and likely to cause harm. The plaintiff must demonstrate a real and imminent danger that the defendant will commit the wrongful act.
NORWICH PHARMACAL ORDER (THE CLOAK OF REVELATION)
SOMETIMES THE KEY TO YOUR CASE LIES HIDDEN WITH A THIRD PARTY- Originating from the case of Norwich Pharmacal Co. v. Customs and Excise Commissioners, this is a court order compelling a third party, not directly involved in the wrongdoing but has information about it, to disclose certain documents or information. It is often used to identify wrongdoers or obtain information necessary to bring a legal action.
INTERLOCUTORY INJUNCTION (THE TIMEKEEPER’S SHIELD)
WHEN IN BATTLE AND YOU NEED THE WORLD AROUND YOU TO PAUSE- Originating from the case of American Cyanamid Co v. Ethicon Ltd This is a temporary injunction granted to maintain the status quo until the final determination of the case. The court considers whether there is a serious issue to be tried, whether damages would be an adequate remedy, and the balance of convenience between the parties.