Mohd. Azmi SCJ:

We have dismissed this appeal by majority and we now give our reasons.

By a writ filed on 10 January 1985, Bank Bumiputra Malaysia Berhad (BBMB) and its wholly owned subsidiary in Hong Kong, Bumiputra Malaysia Finance Ltd. (BMF) sued Lorrain Esme Osman (Lorrain) for the return to them the total sum of RM27,625,853.06 cts which they claimed were secret profits made by Lorrain without their knowledge and approval, arising from various loans and banking facilities amounting to more than HK$3.2 billion to Carrian group of companies in Hong Kong. At all material times, Lorrain was a director of BBMB and also the chairman of BMF. When the writ was filed, BBMB and BMF also made an ex parte application in chambers for a Mareva injunction to restrain Lorrain from transferring his assets out of jurisdiction, and also for an order of discovery for Lorrain to disclose the value, nature and whereabouts of all his assets. Zakaria J granted the orders on the same day i.e., on 10 January 1985. The orders could not be served on Lorrain and as a result, on 15 January 1985, Zakaria J on the application of BBMB and BMF extended the 10 January Mareva injunction to Lorrain's ass