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2020 MarsdenLR 2363

HIGH COURT MALAYA KUALA LUMPUR
ZSCHIMMER & SCHWARZ GMBH & CO KG CHEMISCHE FABRIKEN – Appellant
Versus
PERSONS UNKNOWN & ANOR – Respondent


JUDGMENT

Ong Chee Kwan JC:

JUDGMENT

Introduction

[1] The Plaintiff is a victim of a cross-border cyber fraud known as a "push payment fraud" where the victim is tricked over emails to make a payment for a legitimate transaction into a different bank account under the control of the fraudster. Such a fraud has become increasingly common.

[2] In this case, through exchanges of emails, the fraudster (described below as Persons Unknown) deceived the Plaintiff into making payment of EUR 123,014.65 (approximately close to RM 600,000.00) ('Plaintiff's Monies') into a CIMB bank account in Malaysia. The Plaintiff thought it was making a genuine payment to its South Korean counterparty for a commission payment. Instead, the fraudster has now siphoned the Plaintiff's Monies away.

[3] This CIMB bank account is in the name of the 2nd Defendant ie Premier Outlook Services. The 2nd Defendant, Mohammad Azuwan, is the owner of the sole proprietorship of Premier Outlook Services.

[4] This judgment deals with 2 broad reliefs sought by the Plaintiff on an urgent ex parte basis via a hearing through the e-review platform:

(i) A proprietary injunction and Mareva injunction relief against the Defendants (Enclosu


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