1. ) KUAN CHEE SIAN 2. ) JOVEEN NEOH WAN FEN v 1. ) VICTOR CHIN BOON LONG 2. ) HS BIO SDN BHD 3. ) ESTEEM LEGACY SDN BHD 4. ) EMEDASIA SDN BHD 5. ) NEOGENIX LABARATOIRE SDN BHD
ba-22ncc-187-09-2025 High Court (Mahkamah Tinggi) 28 January 2026 • BA-22NCC-187-09/2025 • 8 min read
2 cases cited
(0 SG, 2 foreign)
Catchwords
The Plaintiffs sought a Mareva injunction against the Defendants, initially heard ex parte and later inter partes. The Court ultimately refused to grant the injunction but ordered that RM3.4 million, placed by the 1st Defendant in a fixed deposit, be preserved pending the disposal of the suit. The 1st Defendant appealed, challenging only the preservation order, not the refusal of the injunction. The key issue was whether the Court could maintain preservation of the funds despite declining Mareva relief. The Court held that, although the requirements for a Mareva injunction were not met, preserving the funds was justified to maintain the status quo and prevent the proceedings from being rendered ineffective. The preservation of the RM3.4 million therefore does not operate as a Mareva Injunction in substance. It is simply the continuation of an arrangement which ensures that the subject matter of the dispute remains intact pending trial.
Judges (1)
Counsel (9)
Cases Cited (2)
MY (2)
[1982] 1 MLJ 260 [1984] 2 MLJ 143
Judgment
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