JUDGMENT

Akhtar Tahir J:

Introduction

[1] The plaintiff's application is for a post judgment Mareva Injunction to prevent the defendant from dissipating his assets and money in order to escape execution of the judgment entered by the court against him.

Brief Facts

[2] The plaintiff's claim was for his deceased father's share of the proceeds of the sale of a property in Australia known as the Nutting property which was sold by the defendant's deceased father. Both the deceased were brothers.

[3] After a full trial the court allowed the plaintiff's claim on 4 September 2024 to a sum of AUD 4,429,506.67 (equivalent to RM12,181,143.34), as his deceased father's share of the proceeds of the sale of the Nutting property with an interest of 5% per annum until full settlement.

[4] In this application for Mareva Injunction the plaintiff contends that the defendant has assets and monies in Malaysia as well as overseas. The defendant is also set to receive a sum of money from the Insolvency Department.

[5] The plaintiff contends that although the defendant has means he has not attempted to pay the judgment sum thereby reflecting a conduct of avoiding payment of the judgment sum.

Application Under Orde