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2022 MarsdenLR 1218

COURT OF APPEAL PUTRAJAYA
LEE KAI WUEN & ANOR – Appellant
Versus
LEE YEE WUEN – Respondent


Petitioner Advocates:Chua Kim Hong Rudeen,Wong Kum Heng ,Respondent Advocate: Foo Joon Liang,Lee Xin Div

JUDGMENT

Darryl Goon Siew Chye JCA:

Introduction

[1] This was a case that concerned disputing family members in a corporate setting. The central issue in this appeal was whether an interlocutory Mareva form of injunction should have been granted against the appellants by the High Court.

[2] The originating process in this appeal was an Originating Summons taken out by the respondent, as plaintiff, against the appellants, who were the 1st and 2nd defendants.

[3] By this Originating Summons, the respondent invoked ss 345, 346 and 351 of the Companies Act 2016 and O 88 r 2 of the Rules of 2012. Thus, the Originating Summons was one founded upon the provisions of the Companies Act of 2016 for remedies in respect of oppression. The company central to the case was Kien Yiap Trading Sdn Bhd ('Company'), which was cited as the3rd defendant in the Originating Summons.

The Injunctions

[4] On 21 February 2019, the respondent secured an ex parte interim Mareva injunction against the appellants. On 6 March 2019, an ad interim Mareva injunction appeared to have been granted against the appellants upon the terms of the earlier granted ex parte injunction, effective from 13 March 2019. That this appear

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