Abdul Aziz Rahim J:

[1] This is the plaintiff's application for Mareva injunction to restrain the defendant from removing its assets from the jurisdiction of the court up to the amount stated in the ex parte summons in chambers dated 17 September 2007. Earlier, on the application by the plaintiff, the court has ordered ex parte ad interim injunction against the defendant on 23 October 2007. Today is for inter partes hearing of the plaintiff's application and for the court to decide whether or not the ex parte ad interim injunction should stay or otherwise.

Background Facts

[2] Javel Engineering Sdn Bhd ("the main contractor") was awarded a contract to design, construct, complete and maintenance of the 3 Bay Bomba Station and staff quarters at Sibu, Sarawak under Contract No. JBPM/T/12/2000 ("project") including the building works. The defendant was appointed as the subcontractor to the main contractor for the project. The defendant then appointed the plaintiff as its subcontractor to the project to carry out the building works portion of the entire of the project by a letter of award dated 11 January 2003; and this was later followed by an agreement dated 1 October 2003. U