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CIVIL PROCEDURE BENCH BOOK
INJUNCTION
2009

31



ERINFORD INJUNCTION


1. Provisions -
(a) S 25(2) and Schedule 1 Item 6 of CJ A 1964;
(b) Ss 50 55 Specific Relief Act 1950.

2. The power of the court is discretionary. It is an
order granted to a plaintiff who had failed, at first
instance, either in his main action or in his
application for an interlocutory injunction, and had
appealed against the said decision. In other
words, the court has jurisdiction on dismissal of
an application for an interlocutory injunction to
grant the unsuccessful applicant an injunction
pending an appeal against the dismissal.

3. This type of injunction is a prohibitory order
granted to restrain the other party from interfering
with the subject matter of the dispute pending the
appeal or restraining the successful party from
acting on their success pending appeal.

4. An application for an Erinford Injunction is made
ex parte. Also referred to as the Erinford stay.


5. The principle applicable was set out by Megarry J
in Erinford Properties Ltd v Cheshire Country
Council [1974] 2 ALL ER 448 :

when a party is appealing, exercising his
undoubted right of appeal, this court ought to see
that the appeal, if successful, is not nugatory.


6. In granting such an injunction, the following
matters must be considered :

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CIVIL PROCEDURE BENCH BOOK
INJUNCTION
2009

32

(a) on the balance of convenience it was
desirable that the status quo of the parties
be maintained pending appeal to prevent
the appeal from being rendered nugatory;

(b) consideration of the overall justice of the
case and as to whether damages being an
adequate remedy; and

(c) principles governing the grant of an
interlocutory injunction are equally
applicable to the grant of an Erinford
Injunction.


7. The test is whether there is a likelihood of a
successful appeal being rendered nugatory.

8. Effect of granting an Erinford Injunction :

Although the type of injunction granted is not a
stay of execution, it achieves for the application or
action which fails, the same sort of result as a
stay of execution achieves for the application or
action which succeed. [per Megarry J in Erinford
Properties Ltd v Cheshire Country Council
[1974] 2 ALL ER 448]

9. Case laws:

(a) Erinford Properties Ltd v Cheshire Country
Council [1974] 2 ALL ER 448

(b) Orion Property Trust Ltd v Du Cane Court
Ltd [1962] 1 WLR 1085

(c) Subashini a/p Rajasingam v. Saravanan a/l
Thangathoray & Ors [2008] 2 MLJ 147 FC

(d) Marina Mohd Yusoff v. Pekeliling Triangle
Sdn Bhd & Ors [2008]1 CLJ 169