NH CHAN, ABU MANSOR, HAIDAR
TYCOON REALTY SDN BHD – Appellant
Versus
SENWARA DEVELOPMENT SDN BHD – Respondent
(delivering judgment of the court): On 9 December 1998, the plaintiff Senwara Development Sdn Bhd (the respondent) obtained a Mareva injunction together with a mandatory injunction against the defendant Tycoon Realty Sdn Bhd (the appellant) in the High Court at Kota Kinabalu in Sabah. As is usual in applications for Mareva injunctions, the application was made ex parte. The ex parte mandatory order that was obtained in addition to the Mareva order reads:
(2) that the defendants do forthwith disclose the full value of their
assets within the jurisdiction of this Honourable Court
identifying with full particulars the nature of such assets and
their whereabouts and whether the same be held in their own name
or by nominees or otherwise on their behalf and in the case of
the amount standing in each such account, such disclosure to be
verified by an affidavit to be made by its proper officer and
served on the plaintiffs solicitors within 14 days after the
service of this order upon the defendants.
On 22 December 1998, the defendant (Tycoon Realty) filed an appli
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