A Mareva injunction requires proof of a real risk of asset dissipation, which was not established in this case.

Introduction

[1] The Defendant ("D") filed an application dated 24 February 2023 vide encl 51 ("Encl 51") for a Mareva injunction against the Plaintiff ("P"). Encl 51 is made under O 29 of the Rules of 2012.

[2] On 31 March 2023, I dismissed Encl 51. Here are the grounds of my decision.

Bill Of Costs

[3] D is an advocate and solicitor of the High Court of Malaya. She had issued a Bill of Costs dated 8 March 2022 ("Bill of Costs") for professional charges in respect of legal services rendered to Saw Chin Huat, deceased ("Deceased"). The said legal services were provided over a span of 7 years beginning from 2014 until the year 2021.

[4] D claimed total professional fees of RM735,166.72 and disbursements totalling RM5,674.64. Of which, the Deceased had paid a sum of RM10,000 as part-payment of fees and a total sum of RM4,233.83 for disbursements incurred.

[5] The Deceased passed away on 29 January 2020. P is the son of the Deceased and the executor of the estate of the Deceased. D is claiming against P for payment of the Bill of Costs.

[6]Vide this amended Originating Summons dated 4 October 2022 in encl 25 ("OS"), P sought for an order for taxation of the Bill of Costs. On 2 November 2022, I allowed the OS and granted an order for taxation of the Bill of Costs pursuant to s 126 of the Legal Profession Act 1976 (" LPA ").

Estate Of The Deceased

[7] The estate of the Deceased comprises three assets, namely:

(i) a 60% shareholding in a company in liquidation known as Chin Hin Rice Mill Sdn Bhd ("Company");

(ii) a 60% shareholding in another company known as Eng Lean Printing Press Sdn Bhd, which is a company which reports zero revenue and has no worth; and

(iii) a Perodua Axia motorcar estimated to be worth around RM19,000 as at the date of probate 2% years ago.

[8] The Company is in members' voluntary liquidation. It has no outstanding liabilities. Its only principal asset is a piece of land known as Lot No 1201, Mukim 11, Daerah Seberang Perai Utara, Pulau Pinang held under Geran Mukim (First Grade) No GM 205 ("Land").

[9] The Land was sold for a purchase price of RM7,068,168. To-date, 50% of the purchase price of the Land has been partly paid in various instalments by the purchaser. The share of the Deceased's estate to the said 50% of the purchase price already paid, has already been distributed by the liquidator of the Company to D (as the executor of the Deceased's estate), with the first distribution in November 2020.

[10] At present, the balance 50% of the purchase price of the Land has yet to be paid. The said balance 50% of the purchase price of the Land consists of a sum of RM3,534,084. Upon its payment by the purchaser of the Land, the estate of the Deceased is entitled to 60% thereof. To wit, a sum of RM2,120,450.40, by virtue of the Deceased's estate's 60% shareholding in the Company.

Mareva Injunction

[11]Vide Encl 51, D sought for a Mareva injunction in the following terms:

"An order that the Plaintiff be restrained and an injunction be granted restraining the Plaintiff, whether by himself, his servants or agents, including without restriction, Khor Yong Yong, the Liquidator of Chin Hin Brothers Rice Mill Sdn Bhd (In Members' Voluntary Liquidation), by himself, his servants or agents or successors in office and Yeap Chin Pho, Yeap Tze Yee and Shahul Hameed, all partners of Messrs Geh Cheng Lok, CP Yeap & Co, Advocates & Solicitors by themselves, their servants or agents or successors in office from removing from the jurisdiction, disposing of or dealing with the assets of the Deceased's estate whether or not in the name of the Deceased or in the name of the Plaintiff as executor or in the name of any other person holding for the Deceased, including w