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Named after the English case of Erinford Properties Ltd v Cheshire County Council, an Erinford injunction is an interlocutory injunction granted by the court under its inherent jurisdiction to an applicant for interim postponement pending the hearing of an appeal.
22 Dis 2020 · ABC is at liberty to apply for an Erinford Injunction pending the appeal of the decision dismissing the fortuna injunction. This effectively restrains DEF temporarily from pursuing winding up proceedings pending the appeal. The primary interest of such an injunction is to maintain status quo.
31 Mei 2021 · “An Erinford injunction will be granted only where there is a likelihood of a successful appeal being rendered nugatory or if the plaintiff would not be adequately compensated in damages for temporary damage between the date of hearing and the date when its appeal is heard…
Also known as Injunctions Pending Appeal. A stay order until the appeal is heard. The power of the court is discretionary. It is an order granted to a plaintiff who had failed, at first instance, either in his main action or in his application for an interlocutory injunction, and had appealed against the said decision.
Lee Yee Wuen v Seek Keng Mee & Ors [2021] MLJU 514 (HC Sandakan) Facts: P filed Encl 13 for an application for interim injunction against D, restraining them from doing certain acts relating to their Palm Oil business/company. Application was granted and D made and appeal which was still pending.
Preview text. How is an Erinford injunction different from an inter partes injunction? -applications-ground and effect. Why did the court start comparing a stay of execution with an Erinford injunction on page 667.
4.2 Erinford Injunctions This injunction arises out of the English case of Erinford Properties Ltd v Cheshire County Council 10. It is an interim injunction to res train the other party from dealing with the subject matter of the action pending the appeal. As a result, parties are restrained
On 24 November 2023, the High Court of Kuala Lumpur delivered its decision on whether a court could grant an injunction to preserve the status quo between parties pending an appeal, otherwise known as an Erinford injunction, after dismissing KNM and KNMG’s (collectively, ‘the Applicants’) application for a scheme of arrangement under s ...
This is an advanced textbook which is intended to guide lawyers on the law and best practices pertaining to injunctions in Malaysia, including Mareva injunctions, Anton Piller orders and more besides.
2 Feb 2024 · An Erinford Injunction is an injunction granted to an applicant to preserve the status quo pending the conclusion of an appeal, founded in the case of Erinford Properties Ltd v Cheshire County Council.
