Awards and Recognition
We are proud to be nominated as the top finalists of "Real Estate Law Firm of The Year", "Transactional Boutique Law Firm of the Year" and "Malaysia Law Firm of the Year" by ALB (Asian Legal Business) Law Awards 2017, 2018 and 2019 for Malaysia and South East Asia.
Protect Your Assets & Rights Before It Is Too Late
Urgent Legal Protection Through Prohibitory, Mandatory, and Special Injunctions in Malaysia.
Low & Partners offers strategic and urgent legal representation in all areas of civil and commercial injunctions. When commercial disputes, civil fraud, or breaches of contract threaten irreparable harm, waiting for a full trial is rarely an option. We provide strong, swift advocacy to freeze assets, preserve the status quo, and safeguard your legal rights from the moment an emergency or threat arises.
We handle a wide range of injunctive matters, including but not limited to:
i. Prohibitory & Mandatory Injunctions (General Injunction)
ii. Mareva Injunctions (Asset Freezing)
iii. Fortuna Injunctions (Restraining Winding-Up Petitions)
iv. Erinford Injunctions (Preserving Status Quo Pending Appeal)
v. Anton Piller Orders (Search and Seizure of Evidence)
Understanding Your Legal Options
What is an Injunction?
An injunction is an urgent court order requiring a party to either stop doing something (prohibitory) or force them to take a specific action (mandatory) to protect your legal rights, property, or assets from irreparable loss or harm.
In complex commercial and civil disputes, dissipation of assets, destruction of evidence, or unlawful actions can render a future court judgment meaningless An injunction acts as a vital legal shield to preserve the status quo immediately.
Types of Injunctions We Handle:
1. General Injunctions
- Prohibitory Injunction: Stops a party from performing a harmful act (e.g., preventing the unlawful disposal of property, stopping unauthorized construction, or restraining a breach of contract).
- Mandatory Injunction: Compels a party to perform a positive obligation or restore a situation to its original state (e.g., forcing a party to surrender crucial documents or restore access to premises).
2. Special Injunctions
- Mareva Injunction: Freezes a debtor’s or defendant’s assets (including bank accounts) to prevent them from hiding, transferring, or dissipating assets before a trial is concluded.
- Fortuna Injunction: Restrains a party from presenting a winding-up petition against your company based on a disputed debt, protecting your company’s reputation, solvency status, and operational continuity.
- Erinford Injunction: Temporarily stays or preserves the status quo pending an appeal after an initial injunction application has been dismissed by the High Court.
- Anton Piller Order (Search & Seizure): Authorizes a search of premises to inspect, seize, and preserve crucial evidence or confidential documents that might otherwise be hidden or destroyed by the opposing party.
The Legal Procedure: How We Obtain an Injunction
Because injunctions are urgent remedies, time is of the essence. The process generally involves:
Step 1: Urgent Assessment & Case Strategy:
We evaluate the urgency, assess whether there is a serious issue to be tried, and gather key documentary evidence.
Step 2: Filing Stage [Ex-Parte or Inter-Partes Application]:
Ex-Parte (Without Notice): In extreme emergencies where notifying the other party would defeat the purpose (e.g., asset freezing or evidence destruction), an application is made to the judge immediately without informing the opposing side.
Inter-Partes (With Notice):
Both parties present their arguments before the court.
Step 3: Execution & Service of Court Orders:
Once granted, the injunction order is formally served on the relevant parties or institutions (such as financial institutions or domain registrars) to take immediate legal effect.
Step 4: Final Dispute Resolution:
Following the interim protection, we proceed to prosecute or resolve the main legal dispute through litigation, negotiation, or trial.
The Cost of Delay vs. Fast Legal Action
Why Is an Injunction Important & Why Do You Need a Lawyer?
Prevention of Irreparable Harm: Compensation in money is often insufficient or impossible to recover once assets are transferred or property is destroyed.
Strict Legal & Evidentiary Thresholds: Malaysian courts set a high threshold for granting injunctions. You must demonstrate a serious issue to be tried, an undertaking as to damages, and that the balance of convenience lies in your favor.
Full & Frank Disclosure: In ex-parte applications, applicant parties are bound by strict legal duties to disclose all material facts—including facts unfavorable to their own case. Failing to do so can result in the court setting aside the order with costs.
Strategic Leverage: Securing timely interim relief often shifts the balance of power, compelling opposing parties to negotiate or settle on favorable terms
Injunction Survival Guide (FAQ)
In genuine emergencies, an ex-parte injunction can be filed and heard before a High Court Judge within a matter of days—or even hours, depending on the severity and urgency of the situation.
An ex-parte injunction is filed urgently without notifying the opposing party first, usually to prevent them from destroying evidence or moving assets. An inter-partes injunction involves both parties presenting their case before the court decides whether to grant or extend the order.
Disobeying an injunction order is a severe offense amounting to contempt of court. Penalties for contempt can include fine, imprisonment, or seizure of property.
A Mareva Injunction freezes the assets of a defendant (including bank accounts) up to a specified amount. You need one if there is a real risk that the defendant will hide or dissipate their assets to avoid paying you if you win your lawsuit.
A Fortuna Injunction prevents a creditor from filing or publishing a winding-up petition against your company over a debt that is legitimately disputed. This prevents unjustified damage to your business reputation and banking facilities.
When applying for an injunction, the court usually requires the applicant to give an undertaking to pay damages to the defendant if it later turns out at trial that the injunction should not have been granted.
Yes. The opposing party can apply to discharge or set aside an injunction if there was material non-disclosure of facts, if the applicant delayed in applying, or if the court finds the legal requirements were not met.
Bring all relevant contracts, correspondence (emails, WhatsApp messages), bank transfer receipts, proof of ownership, and any evidence showing a risk of asset dissipation or imminent harm.
Your Advocates in Court
Our Experience & Commitment
At Messrs. Low & Partners, our dispute resolution practice combines strategic foresight with swift, tactical court execution. We regularly represent corporations, business owners, shareholders, and individuals in high-stakes commercial and civil disputes.
Whether securing urgent asset-freezing orders to stop civil fraud, defending companies against winding-up threats via Fortuna Injunctions, or protecting proprietary commercial rights, our legal team provides robust representation tailored to safeguard your interests when time is critical.