Tutorial 11

Mr. Tani is a 3rd generation farmer near Lubok China. His farm is along the banks of
Sungai Rembau. His crops have been suffering from a weird disease for the past 6
months. Most of them are deformed and die, the remaining ones are stunted.

The other villagers near Lubok China have complained that the Sungai Rembau river
has been a peculiar reddish colour and smells like rotten eggs for the past 6 months.
One villager claims that he has seen a drain from the clay quarry upstream pouring
out a wine coloured liquid. The quarry is managed by Halfbaked Clay Suppliers Sdn
Bhd.

Advise Mr. Tani as to his possible actions in seeking legal redress in equity.

1. Whether Mr Tani can obtain a prohibitory injunction against the Halfbaked

Clay suppliers to stop them from discharge the wine colored liquid into the
river?

Ans: can claim

 Is there an obligation?
 There is damage/loss  crops died, financial loss as a result
 From the law, Crackhead had violated environmental law for polluting the river.
This falls under Ryland v Fletcher. There is an existing breach  causing damage.
 Why ask for injunction?
o To prevent multiplicity of action  Tani cannot keep coming suing and suing
again.

2. Whether Mr Tani can obtain a prohibitory interlocutory injunction?

 Can claim
 This is not frivolous/vexatious case.
 Balance of convenience  if maintain status quo is allowing the continuing of
discharge to the river. The balance is towards more to not granting II.
 The wine liquid – does not know whether it is the substance which causes the crops
to die. This can only be found out after the trial. We cannot investigate disputable
matter, can only look at the facts available. This is a good case.
 Special factor  if we continue waiting, all these soil will be so saturated with the
toxic, the soil will become infertile, then you will never be able to plant anything.
 Is there any doubt in the case?

Rule :
o Explain injunction
o Mention two types – discuss both
o Start with perpetual – s.51, 52, 53 with cases
o With effects – mandatory and prohibitory
o Briefly explain mandatory and discuss on prohibitory with cases
o Interlocutory injunction – sections and cases to define it, explain its purpose,
effects
o Test : pre-American cyanid test, Amerian Cyanid test
o Not frivolous / vexatious
o Balance of convenience
o preserve status quo
o Strength of case
o Other special factors