17 Oct 2023
SIM KWANG KAI, ADRIAN 1. ) JOHNATHAN WONG FUTT PO 2. ) SABRINA MICKAGNES LEE YAN CHENG 3. ) MOHD SYAFIQ BIN SHAHABUDIN 4. ) JW SAB & PARTNERS SDN BHD 5. ) CHIEW CHAK MENG 6. ) TETUAN TANES KHOO & PAULRAJ PIHAK TERKILAN 1. ) Yong Min Jie 2.
- Citation
- WA-22NCC-425-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-425-06/2023 (Mahkamah Tinggi)
Although the plaintiff established a good arguable case and defendants have assets within jurisdiction, the Mareva injunction was refused because the plaintiff failed to adduce solid evidence of a real risk that defendants would dissipate assets to avoid judgment; the claim of dissipation rested primarily on inferences from alleged lack of probity regarding RM3,154,231.40, evidence was weak and inconsistent, there was material unexplained delay undermining urgency, and the application appeared aimed at securing assets/pressuring settlement rather than preventing imminent evasion of judgment.