A and B entered into a business agreement. To save up start-up costs, A brought his own equipment to the business premises owned by B. However, the agreement broke down and B refused to allow A to enter into the premises to take back his goods.<\/p>\n\n\n\n
Q: Can A get back his goods and how?<\/p>\n\n\n\n
A: Yes. However, A must first prove he is the rightful owner of the goods. He can support his ownership by showing the invoices, proof of purchases and delivery orders of the goods.<\/p>\n\n\n\n
Q: What happens if B refused to return the property to A?<\/p>\n\n\n\n
A: A can apply to court for mandatory injunction to compel B to return the goods. A mandatory injunction is a form of specific relief that redresses the losses suffered by rightful owner. As long as there is evidence that B has actual possession and control of the goods belonging to A, he is bound to return the property to the rightful owner A. Saying I don\u2019t know where the good is isn\u2019t enough.<\/p>\n\n\n\n
Q: What are the relevant sections that govern mandatory injunction in Malaysia? A: Sections 4, 9 & 53 of Specific Relief Act 1950.<\/p>","protected":false},"excerpt":{"rendered":"
What is mandatory injunction? Under what circumstances a person can be compelled to perform certain act? What are the evidence that the rightful owner needs to show in order to claim his goods back?<\/p>","protected":false},"author":1,"featured_media":4787,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1561,18],"tags":[],"class_list":["post-4720","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-tort","category-updates"],"_links":{"self":[{"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/posts\/4720"}],"collection":[{"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/comments?post=4720"}],"version-history":[{"count":3,"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/posts\/4720\/revisions"}],"predecessor-version":[{"id":4788,"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/posts\/4720\/revisions\/4788"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/media\/4787"}],"wp:attachment":[{"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/media?parent=4720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/categories?post=4720"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/yhalaw.com.my\/zh\/wp-json\/wp\/v2\/tags?post=4720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}