Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Lapse and renewal of injunctive orders
  • 28 May 2021

    Cedric Wong King Ti Shim Yen Lin

    Citation
    S-02(IM)(NCvC)-888-04/2021 (Mahkamah Rayuan)
    Court
    IM
    Case number
    S-02(IM)(NCvC)-888-04/2021 (Mahkamah Rayuan)

    A JP in Sabah is not authorised to attest affidavits for general civil proceedings absent specific statutory authority; however the appeal against the ex parte Mareva injunction is academic because that ex parte order lapsed and was superseded by fresh inter parte ad interim and final Mareva orders supported by affidavits sworn before a Commissioner for Oaths; the inter parte Mareva injunction was properly granted because respondent established a good arguable case, assets within jurisdiction and a real risk of dissipation; disclosure relief was lawful but must be confined to unencumbered ass…