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2025 MarsdenLR 4805

HIGH COURT MALAYA KUALA LUMPUR
MAXI WONDER SDN BHD & ORS – Appellant
Versus
DCS TRADING SDN BHD (ENCL 109) – Respondent


Petitioner Advocates:Rishwant Singh,Mohd Irwan Ismail,Yap Jing Wen ,Respondent Advocate: Dato Arthur Wang Ming Way,Siow Young Kei,Nurufarhina Ab Rahim

JUDGMENT

Mohd Arief Emran Arifin J:

A. Introduction

[1] This is the Defendant's application for a Marejava Injunction against the Plaintiffs that can be seen in encl 109.

[2] The Defendant's application seeks, among others, an order to prevent the Plaintiffs from removing from Malaysia or from disposing or diminish the value of any of their assets in Malaysia or overseas pending the final determination or outcome of the action. The Defendant also seeks an order for disclosure of all the Plaintiffs' assets within Malaysia or overseas.

[3] After hearing the parties, I dismissed the application as I found that the test required for a Mareva Injunction and for the disclosure of the assets of the Plaintiffs have not been satisfied by the Defendant.

B. Applicable Principles Of Law - Mareva Injunction

[4] I thank counsels for their detailed submissions pertaining to the applicable principles regarding an application for a Mareva Injunction.

[5] I find that the principles of law that should be considered by a Court of Law when dealing with a Mareva Injunction is trite. I summarized the applicable test to justify the grant of a Mareva Injunction as follows:-

(i) The Plaintiff must show that it has


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