JUNE 6 — The High Court reportedly stepped in to halt the planned Dewan Keadilan dan Undang Negeri Sembilan (DKU) meeting and blocked attempts to remove its secretary, Raja Norazli Raja Nordin, until the case is heard in full.

High Court Judge Roz Mawar Rozain granted a temporary injunction after Raja Norazli and the DKU applied to preserve the status quo of the body’s administration.

A temporary injunction is also known as interim injunction.

Order 29 rule 1 of the Rules of Court 2012 (ROC) governs applications for an injunction.

Rule 1(2) allows for an application to be made ex parte — that is, an application brought by one party in the absence of and without representation of or notification to the other party.

Two important aspects of an interim injunction obtained on an ex parte application — simply called ex parte interim injunction — must be borne in mind.

First, it automatically lapses 21 days from the date it was granted — Rule 1(2B).

Second, it must be served within 7 days of the date it was granted, and the Court when granting the order must fix a date to hear the application inter partes within 14 days from the date of the order — Rule 2(BA).

The temporary injunction granted by the learned High Court Judge looks like an ex parte interim prohibitory injunction, as it prohibits the convening of any DKU meetings — including the special sitting announced for the day.

But despite the interim prohibitory injunction, the special sitting of the DKU was held at a five-star hotel in Alor Gajah, Melaka where Tunku Nadzaruddin Tuanku Ja’afar was proclaimed as the 12th Yang di-Pertuan Besar of Negeri Sembilan.

Is it in defiance of the interim injunction?

Rule 1(4) requires that the interim injunction must be in Form 53, which must have the seal of the Court.

The service of the sealed interim injunction might not have been done in time before the special sitting. 

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.