5 Aug 2020
MANJUNG AQUA FARMING SDN. BHD. (NO. SYARIKAT : 778622-P) 1. ) 1. YONG KWAI HEONG (NO. K/P : 761231-08-6208) 2. ) 2. EMPEROR MARINE SEAFOOD SDN. BHD. (NO. SYARIKAT : 913431-K)
- Citation
- WA-24NCVC-2619-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCVC-2619-12/2019 (Mahkamah Tinggi)
The Anton Piller ex-parte order was set aside and the plaintiff's amended writ dismissed because the plaintiff failed to disclose an extremely strong prima facie case and did not make full and frank disclosure of material facts (including that the premises were an off-site storage address under s47(2)), and there was no sufficient evidence of a real risk of destruction or that records remained in the defendants' possession; the ex-parte search order was therefore disproportionate and liable to be overturned.