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HIGH COURT MALAYA SHAH ALAM
CMA CGM – Appellant
Versus
BAN HOE LEONG MARINE SUPPLIES SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. contractual relationship and basis for action against defendants (Para 1 , 2) |
| 2. ex parte orders granted and applications filed (Para 3 , 4 , 5 , 6 , 8 , 10) |
| 3. grounds for setting aside ex parte orders (Para 7 , 14 , 30 , 36 , 57) |
| 4. court ruling on affidavit significance. (Para 9) |
| 5. identity of plaintiff and affidavit validity. (Para 12 , 13) |
| 6. material non-disclosure by plaintiff. (Para 15 , 16 , 17 , 19) |
| 7. evidence regarding fuel supply. (Para 22 , 23 , 24 , 25) |
| 8. conditions for mareva and anton piller orders (Para 29 , 31 , 32) |
| 9. evidence destruction risk. (Para 34 , 35) |
| 10. execution of anton piller order. (Para 40 , 43 , 44 , 48) |
| 11. prohibitory injunction does not prevent lawful claims (Para 50 , 52) |
| 12. grounds for prohibitory injunction. (Para 51) |
| 13. bankers book orders and necessity for information (Para 53 , 54 , 59) |
| 14. bankers book order relevance. (Para 56) |
[1] The plaintiff, a shipping company, had a contract with the 1st defendant for the sale and supply of marine fuel (the said contract). The 2nd to the 5th defendants are the blockquoteectors of the 1st defendant and the 6th to the 12th defendants are the wholly owned subsidiaries of the 1st defendant.
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