If want to get an Interlocutory prohibitory injunction to enforce a negative

If want to get an interlocutory prohibitory

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If want to get an Interlocutory prohibitory injunction to enforce a negative covenant, the clause of the negative covenant must be valid. In Pertama Cabaret Nite Sdn Bhd v Roman Tam (FC) , the court did not grant SP to compel the defendant singer to sing in the plaintiff’s club because of s.20(1)(b)(ii) . However, the court granted a prohibitory injunction since the defendant was a foreigner as there is no restraint of trade here as she can still sing in the HK nightclub and there is a risk that the plaintiff may not recover damages. In Ehrman v Bartholomew , the court held that an interlocutory prohibitory injunction will not be granted if the effect of granting it will be to force die defendant either to remain idle or to perform the agreement with the plaintiff. An injunction can only be granted if it does not deprive the defendant of making a living out of other possible means.
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(C) Interlocutory mandatory injunction The courts are more reluctant to grant an interlocutory mandatory injunction. S.53 provides that the court may grant an interlocutory mandatory injunction to prevent the breach of an obligation and also to compel the performance of the required act. An interlocutory mandatory injunction is only give in exceptional and extremely rare cases ( Sivaperuman v Heah Beak Keong ) In Gibbs & Co v MBBS , the court held that it can be granted in a proper and appropriate case for example, where the case is unusually sharp and clear and where there is a high degree of assurance that at the trial a similar junction would probably be granted. In this case, the plaintiff issued a writ and sought an interlocutory order for the defendant, who were the plaintiff’s former solicitors for hand over the documents.
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  • Winter '17
  • Daniel
  • High Court, Injunction, Mareva injunction, Heah Beak Keong

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