An injunction is one of the most powerful and disruptive tools in the Malaysian legal system—a ‘nuclear’ remedy that can freeze your assets, halt your business operations, or compel you to act under the threat of imprisonment. If you have just been served with an injunction, the clock is already ticking. Whether it was obtained in your presence or unilaterally (ex-parte), these orders carry draconian consequences and require a strategic, high-precision response within strict statutory timelines. Understanding your immediate obligations and the pathways to challenge such an order is not just a legal necessity—it is a critical step in safeguarding your commercial survival and personal liberty.
Types of Injunctions – Prohibitory and Mandatory Injunction
An injunction order can be either:
- a prohibitory order i.e. asking you to stop doing a certain act; or
- a mandatory order i.e. asking you to do a certain act.
In making the Order the Court would provide a dateline for you to comply with the Order which can be either immediately or within a certain period of time.
How long does An Injunction Order Lasts?
There are two types of injunctive orders that can be granted by the Court:
- Interlocutory/Interim Injunction
- Permanent Injunction
An interim injunction is where the Court grants an injunction pending the determination of a party’s rights and interest in a legal dispute. This is to ensure that the subject matter of the dispute is preserved i.e. the status quo is maintained pending the final determination of the dispute.
A permanent injunction is where the Court, after determining a party’s rights and interest in a legal dispute, grants an injunction perpetually or permanently if the Court deems it necessary.
However, whether it is an interim or permanent injunction order, it can be set aside by the Court if the situation permits.
Can an Injunction be Obtained Without Your Presence?
An interim injunction can be obtained either on an ex-parte basis i.e. in the presence of one party only or inter partes i.e. in the presence of both parties.
An ex-parte injunction is obtained where there are urgency and necessity for the intended party to be injuncted not to be notified of the Court Order to be obtained against them.
A party who is seeking an injunction on an ex-parte basis must first satisfy strict requirements under the Rules of Court 2012 and failure to adhere to these requirements may lead to the ex-parte injunction being set aside.
An ex-parte injunction:
- will automatically expire after 21 days from the date it was granted by the Court
- must be served (to the party intended to be injuncted) within 7 days
- must be heard on an inter-partes i.e. in the presence of both parties to the dispute, within 14 days from the date it was granted by the Court.
- Cannot be granted if it has the effect of stopping a meeting of a body corporate, a society, an association, a union, an organization, a club or any other body of persons however constituted or named.
Can I Oppose or Set Aside An Injunctive Order?
When you are served with an ex-parte injunction order, a party is entitled to set aside the ex-parte injunction Order if the Order is still valid (i.e within the 21 days period).
As state above, an ex-parte injunction would require the party seeking for such an order to satisfy the strict requirements under the Rules of Court 2012. The party being injuncted may apply to the Court to set aside the order for failing to adhere to these requirements.
It is often that ex-parte injunctions are obtained without the actual facts or selective facts being disclosed to the Court. It is therefore common for ex-parte injunctions being set aside for the Plaintiff’s failure to make full and frank disclosure to the Court when the injunction was obtained.
However, despite the ex-parte may have been wrongly obtained against you, it must be emphasised that the Court Order is still valid and enforceable against you until it is stayed or set aside and you can be held in contempt of Court for failing to comply with the Order.
Therefore, it is crucial for you to immediately seek legal advice to enable your lawyer to make an urgent application to the Court to stay and/or set aside the ex-parte injunction Order.
What Happens When the Ex-Parte Injunction Order is Set Aside or Has Expired
Once the ex-parte injunction Order is set aside or has expired (21 days has lapsed), it does not mean that the entire injunction application is dismissed or disposed off. The Court would still hear the injunction application in the presence of both parties i.e. on an inter partes basis. At this point, you will be given the opportunity to oppose the injunction application.
Similarly, if you fail to set aside the ex-parte Injunction Order, the Court could grant an ad-interim order which will extend the ex-parte Order until the injunction application is heard inter-partes.
Once the Court has heard both parties, the Court can either make an injunction order or dismiss the application.
An aggrieved party is entitled to appeal against the decision of the Court. The appeal shall be lodged within 1 month (if the Order is made by the High Court) or 2 weeks (if the Order is made by the Sessions Court) from the date of the Order.
Conclusion: Stay Calm and Act Fast
Being served with an injunction is a serious legal event, but it is not the end of the road. While a court order is powerful and must be adhered to immediately to avoid contempt charges, it is important to remember that many injunctions, especially those obtained without your presence, are temporary and can be challenged.