5 Oct 2020
Karunamoorthy a/l Ramasamy 1. Hariharan a/l Subramaniam (NRIC No: 780316-10-6347) 2. Asokan a/l Palaniandy (NRIC No: 791211-08-5563) 3. Ezy Group Berhad [formally known as EZYFX Berhad Registration No: 201601042792 (1213734-P)]
- Citation
- PA-22NCvC-25-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-25-01/2020 (Mahkamah Tinggi)
Although there were serious questions to be tried, the claimed sums were ordinary debts under an alleged investment/loan agreement, the defendants were not shown to be fiduciaries or constructive trustees and no identifiable specific fund was established; given the allegations of illegality and the risk of oppressive consequences to defendants if forced to produce monies, the balance of convenience and judicial discretion required refusal of the preservation order.