1 Nov 2022
SHEN YONG ENGINEERING WORKS SDN BHD 1. ) DAMAI RESIDENCE SDN BHD 2. ) MITSUPAC SDN BHD
- Citation
- BA-24C(ARB)-3-04/2022 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-24C(ARB)-3-04/2022 (Mahkamah Tinggi)
Court granted an interim Mareva injunction under s 11(1)(c) Arbitration Act 2005 restraining the 1st Defendant from transferring, charging, removing or dealing with its assets, including the land, up to the value of the plaintiff's claim because plaintiff established a good arguable case on breach, the land is beneficially owned by the 1st Defendant (bare trust), the illegality defence failed, the claim was not time‑barred (cause of action accrues on breach and plaintiff extended time), there was a real risk of asset dissipation by the controller, and the balance of convenience favoured prese…