JUDGMENT

Wan Muhammad Amin Wan Yahya J::

Introduction

[1] This is the Plaintiff's application in encl 3 for a Mareva injunction against the 1st to 4th Defendants ("this Application" or "Enclosure 3").

A] Salient Background Facts

[2] The parties are not in dispute regarding the essential factual background. The Plaintiff obtained an arbitral award against the 1st to 3rd Defendants ("Principal Defendants") on 16 March 2020 ("the Award"), which was subsequently enforced/registered as a judgment of the Court on 7 December 2021 ("Enforcement Judgment"). The Award has been affirmed through all levels of Court up to the Federal Court .

[3] Following registration of the Award, the Plaintiff sought to enforce the Enforcement Judgment against the Principal Defendants through Judgment Debtor Summons ("JDS") proceedings commenced on 26 May 2022. During the course of these JDS proceedings, it was discovered that the Principal Defendants had transferred assets to the 4th to 7th Defendants, with these transfers occurring largely before the Award was made in March 2020, and a few occurring after the Award but prior to its registration in December 2021. For instance, property for the 4th Defendant was purchased in June 2019, well before the Award was made.

[4] While the overall pattern of transfers involved the 4th to 7th Defendants and other recipients, the Plaintiff seeks to recover assets from all the Defendants (1st to 7th Defendants) through this fresh action (the present action), alleging fraudulent dispositions and constructive trusts, whilst simultaneously seeking Mareva injunctive relief against only the 1st to 4th Defendants.

B] The Plaintiff's Claim

[5] The reliefs the Plaintiff seeks against the Defendants in this action, based on its Statement of Claim, can be summarised as follows:

Against the 1st Defendant:

i) An account and inquiry regarding the disposition of RM29,266,690.68 from the 1st Defendant's Public Bank Account and all gifts, settlements, or inheritance allegedly made between 16 January 2018 and 16 March 2023.

ii) Declarations that recipients of such gifts hold them on constructive trust for the 1st Defendant.

iii) Orders for immediate payment of monetary gifts to the Plaintiff toward settlement of the Award (the Final Award) and Judgment Sum (the Enforcement Judgment incorporating the Award plus accumulated interest and costs), or alternatively declarations that such gifts be subject to execution.

Against the 2nd to 5th Defendants

i) Declarations that the transfer of property at No 25 Jalan 12/17, Petaling Jaya, Selangor to the 5th Defendant be declared void for fraudulent disposition and restored to the 2nd Defendant, with associated restoration costs borne by the 2nd and/or 5th Defendants.

ii) Alternatively, declarations that the 5th Defendant holds the said property on constructive trust for the 2nd defendant.

iii) Declarations that the property be subject to execution for the Award and Judgment Sum.

Against the 2nd and 7th Defendants

i) Declarations that the transfer of the Pinggiran Golf Property at No 8 Pinggiran Golf, Saujana Resort, Shah Alam, Selangor to the 7th Defendant be declared void for fraudulent disposition and restored to the 2nd Defendant, with associated costs borne by the 2nd and/or 7th Defendants.

ii) Alternatively, declarations that the 7th Defendant holds the said property on constructive trust for the 2nd Defendant.

iii) Declarations that the property be subject to execution for the Award and Judgment Sum.

Against the 3rd Defendant

i) Declarations that the transfer of the Pinggiran Golf Property at No 8 Pinggiran Golf, Saujana Resort, Shah Alam, Selangor to the 7th Defendant be declared void for fraudulent disposition and restored to the 2nd Defendant, with associated costs borne by the 2nd and/or 7th Defendants.

ii) Alternatively, declarations that the 7th Defendant holds the said property on constructive trust for the 2nd Defendant.

iii) Declarations that the property be subject to execution for the Award and J