Berhero Pty Ltd v Senibina Sentral SDN BHD

In the New South Wales Supreme Court, Berhero Pty Ltd sought interlocutory relief pending an appeal against an injunction that prevented it from taking steps in Malaysian proceedings. The core of the dispute concerned whether Berhero should be permitted to inform the High Court of Malaya about the existence of its appeal and the hearing date, and whether it should be allowed to apply to adjourn the Malaysian proceedings.

The primary legal issues before Leeming JA were whether interlocutory orders were necessary to protect the subject matter of the appeal and, if so, what limited relief should be granted. The court was required to balance the applicant's need to preserve the status quo in the Malaysian proceedings with the potential impact on the respondents.

Leeming JA reasoned that limited relief was appropriate to protect the subject matter of the appeal. The court granted leave for Berhero to inform the High Court of Malaya of the status of the NSW Supreme Court proceedings and the newly commenced appeal, including its listing for hearing. However, other aspects of the applicant's requested relief were dismissed. The court also made directions regarding the filing of submissions and chronologies for the upcoming appeal hearing.