Suriyadi Halim Omar JCA:

[1] This appeal was allowed with costs by this panel, and we thereupon had set aside the Mareva injunction ordered by the High Court against the defendant, hereinafter referred to as the appellant. We now recap the facts.

[2] By a Contract of Service dated 16 August 2002 the plaintiff (hereinafter referred to as the respondent), was employed as a General Manager in the appellant company, which is a subsidiary of Menk Apparatebau GmbH of German, with a salary of RM18,000 per month together with a month's contractual bonus. He was also entitled to a monthly entertainment allowance of RM4,500, accident insurance coverage of RM864,000, medical insurance coverage of RM3,000, hospitalization and surgical insurance premium of RM17,482.87 with Allianz Worldwide Care, profit sharing of 1% on the company's audited annual profit and the use of a company car, inclusive of toll and petrol.

[3] Amongst the terms of the contract were that the employee-employer relationship shall end at the month ending upon the respondent reaching the age of 63 or upon his claim of pension of occupational disability or invalidity. The respondent had further averred that the appellant