Zakaria Mohd Yatim JCA:

[1] This is an appeal against the decision of Mohd Ghazali bin Mohd Yusoff JC, who made an order on 6 August 1994 granting a Mareva injunction against the defendant. He made the order after hearing the plaintiff's application by summons in chambers interpartes.

[2] The respondent is a foreigner who resides at No 100, Clark Street, Keyport, New Jersey, the United States. The appellant's last known address is at No 270, Jalan Serampang, Pelangi, Johor Bahru.

[3] The following facts are not in dispute. For some years prior to 20 June 1989 the appellant and the respondent were good friends. They visited each other at their respective homes and travelled overseas together. In late 1988, Elastomers Limited, a company of which the respondent is a director, was considering locating its plant in Johor Bahru. The company is carrying on the business of selling sealants. The respondent sought the assistance of the appellant to find a suitable location for his company's plant in Johor Bahru. The appellant advised the respondent to incorporate a local company in Johor Bahru. The respondent sought the appellant's assistance to find an accountant to set up the local co