JUDGMENT

Ong Chee Kwan JC:

Introduction

[1] The plaintiff is a victim of a push payment fraud. Unknown fraudsters, being the first defendant, had deceived the plaintiff to pay the sum of EUR123,014.65 (equivalent to close to RM600,000) into a CIMB bank account under the control of the second defendant.

[2] This court had granted orders for a proprietary and Mareva freezing injunction against the first and second defendants. The facts and the orders are reported in Zschimmer & Schwarz GmbH & Co KG Chemische Fabriken v. Persons Unknown & Anor, 2021 MarsdenLR 2851 .

[3] Orders for discovery against the banks were also subsequently granted. The documents from discovery revealed that the second defendant had immediately transferred out the plaintiff's monies. The money was shown to have been split three ways:

(i) The second defendant pocketed RM290,400;

(ii) The proposed third defendant pocketed RM250,000; and

(iii) The proposed fourth defendant pocketed RM50,000.

[4] The plaintiff now seeks the following applications in the following sequence:

(i) Enclosure 53 - application to amend the writ and statement of claim to include the proposed third defendant and the proposed fourth defendant.

(ii) Enc