KUALA LUMPUR (Nov 11): The High Court on Thursday (Nov 11) dismissed Serba Dinamik Holdings Bhd's application for an ad interim injunction to be imposed against Bursa Malaysia Securities Bhd and Ernst & Young Consulting Sdn Bhd (E&Y) from releasing a report on findings against the company.

Serba Dinamik had filed an originating summons against E&Y seeking to restrain the auditor from sharing any findings or opinions on the company.

Justice Datuk Ahmad Fairuz Zainol Abidin, however, granted Serba Dinamik's request for an adjournment of the hearing of the injunction application to respond to the affidavits filed by Bursa and E&Y.

“I will allow the plaintiff to respond to the affidavits following their request within one week of today (Thursday). As to their request for an ad interim and balancing in the interests of justice, this court orders that no ad interim [injunction] order be granted.

“The company cannot profit from its unpreparedness for them to proceed on the two matters this morning,” he said.

With this, the court has fixed Dec 8 to hear both applications at 2.15pm that day.

Bursa, which was represented by Datuk Loh Siew Cheang, and E&Y counsel Gopal Sreenevasan had objected to Serba Dinamik's counsel Mohamed Izzul Faris' application for an adjournment and an ad interim injunction to be given as they were prepared to argue the case.

Mohamed Izzul, who appeared with counsel Mak Lin Kum after the decision was made, had asked for an adjournment of the injunction application as they had to reply to the affidavits filed by Bursa on Wednesday and E&Y on Thursday.

Despite this, Mohamed Izzul had requested for the court to grant the ad interim to maintain the status quo.

An ad interim is mainly to temporarily prevent the other party from doing a specified act, which in this case is releasing any report on the company.

https://www.theedgemarkets.com/article/court-dismisses-serba-dinamiks-application-ad-interim-injunction-against-bursa-and-ey