12 Jul 2023
TC Scaffold Industrial Sdn Bhd JSNT2 Sdn Bhd
- Citation
- BA-22NCvC-163-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-163-06/2020 (Mahkamah Tinggi)
The court found the plaintiff established a good arguable case on unpaid rentals and transport charges, demonstrated that the defendant held assets within the jurisdiction (bank account and substantial retention monies), and proved a real risk of dissipation given foreign ownership/directors, weak finances, multiple creditor suits and imminent demobilisation; balancing convenience favoured preservation of funds. Consequently a limited Mareva injunction was justified, restraining the defendant from dealing with retention monies up to RM2,019,788.29 pending final determination.