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2023 MarsdenLR 644

HIGH COURT MALAYA KUALA LUMPUR
BAST INVESTMENT PTE LTD – Appellant
Versus
MUSANG DURIANS FROZEN FOOD (M) SDN BHD & ANOR; PEMBORONG A&L SDN BHD & OR.... – Respondent


Petitioner Advocates:CK Lim,Damien Chan,Jeff Ng,Ian Hannibal ,Respondent Advocate: Ragumaren Gopal,David Ragumaren

Table of Content
1. mareva injunction and intervention applications. (Para 1 , 2 , 11 , 12)
2. background facts of the case. (Para 3 , 4 , 5 , 6 , 7 , 8)
3. assessment of interveners' rights. (Para 14 , 16 , 17 , 19 , 25)
4. criteria for granting a mareva injunction. (Para 27 , 28 , 30 , 32)
5. final ruling on applications. (Para 48)
Adlin Abdul Majid JC:

A. Introduction

[1] This judgment concerns four applications:

a. In encl 37, an application by the plaintiff for a Mareva injunction ("Mareva Injunction Application"); and

b. In encls 61, 63 and 65, applications by the 1st, 2nd and 3rd interveners respectively to intervene in these proceedings for the purpose of objecting to the Mareva Injunction Application (collectively, the "Intervention Applications").

[2] After hearing submissions of counsel, I allowed the Intervention Applications and dismissed the Mareva Injunction Application. These are the full grounds of my decision.

B. Background Facts

[3] The 1st defendant was incorporated in 2016, and carried on the business of trading in durian fruits and other related products. At the time of incorporation, the directors and shareholders of the 1st defendant were the 2nd defendant and Lim Kim Ta

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