Berhero Pty Ltd v Senibina Sentral SDN BHD [2024] NSWSC 459

Supreme Court New South Wales

Medium Neutral Citation: Berhero Pty Ltd v Senibina Sentral SDN BHD [2024] NSWSC 459 Hearing dates: 9 April 2024 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Common Law Before: Sweeney J Decision: 1. The Court notes that the first, second, fourth and fifth defendants give the usual undertaking as to damages. 2. The plaintiff, by itself, its servants, its agents or howsoever otherwise, is restrained until further order, from taking any further step directly or indirectly in the following proceedings: (i) Proceedings WA-24NCvC-5741-12/2023 in the High Court in Malaysia as against the fourth and fifth defendants (the Low Teo registration of charges application); and (ii) Proceedings WA/24NCvC-569-02/2024, being an application for registration of charges in respect of properties owned by Senibina Murni SDN BHD and Senibina Sentral SDN BHD (Senibina registration of charge application) save for discontinuing those proceedings. 3. The plaintiff, by itself, its servants, its agents or howsoever otherwise, is restrained until further order from commencing any further proceedings against the defendants in relation to rights said to arise out of the alleged agreements between the plaintiff and the defendants claimed in the plaintiff's Amended Statement of Claim filed in this Court on 5 May 2023. 4. The plaintiff is to pay the defendants' costs of and incidental to the hearing on 9 April 2024 in respect of prayers 1b, 1d and 2 of the Notice of Motion of 23 February 2024. Catchwords: CIVIL PROCEDURE — Anti-suit injunctions — Application to restrain party from continuing proceedings in foreign jurisdiction Legislation Cited: Jurisdiction of Courts (Foreign Land) Act 1989 (NSW) Cases Cited: Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 CSR Ltd v Cigna Insurance Australia Ltd & Ors (1997) 189 CLR 345; [1997] HCA 33 Dacey v Dacey & Anor [2013] FamCA 638 Donnelly v Amalgamated Television Services Pty Ltd (1998) 45 NSWLR 570 [1998] NSWSC 509 Du Bray v McIlwraith [2009] NSWSC 888 Home Ice Cream Pty Ptd v NcNabb Technologies LLC [2018] FCA 1033 Nature's Care Holdings Pty Ltd v Chen (No 2) [2024] NSWSC 107 Talacko v Talacko [2009] VSC 349 Texts Cited: Nil Category: Procedural rulings Parties: Senibina Sentral SDN BHD (First Defendant) Senibina Murni SDN BHD (Second Defendant) Dato' Sri Anne Teo (Fourth Defendant) Datuk Chris Sw Low (Fifth Defendant) Representation: Counsel: S Docker SC with J Mack (Plaintiff) E Muston SC with C Harris (Defendants)