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could have well been arrested in light of Mr Mathiyalagan being able to
evidence the incident by way of the audio recordings.
15. The recent incidents and death threats are extremely serious and i have
concerns that the Defendant may escalate his actions further. Mr
Mathiyalagan and his family do not feel safe anymore and on that basis,
it would be of great assistance if the Claim and injunction order be
reinstated as soon as possible.
Declaration from the Court that the injunction order has been effective
th
throughout the period of 13 December 2017 to present
16. The interim injunction order was discharged purely because of a
technicality, however had the Court realised that the Claimant had filed
the questionnaire on time, it would not have struck out the Claim.
17. The Court should note that the Defendant started to act anti-socially
again, soon after he was notified by the Court that the interim order has
been discharged. Unfortunately, because the Claim was struck out the
Claimant and the police are currently not able to take any actions
against the Defendant. It is on that basis that we would like to ask the
Court for a declaration that that the interim injunction order has been
th
effective since 13 December 2017 and that the Defendant has been in
th
breach of the interim injunction order dated 09 August 2017.
18. However, in the event that the Court cannot make such a declaration,
we would ask the Court to make a new injunction order to cover the
rd
nd
recent incidents dated 02 and 3 January 2018 and enclose a new
claim for an injunction for the Court's consideration.
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