LIM KOO TIEK v TAN BAK LEE (MENGAMALKAN SEBAGAI TAN BAK LEE & CO.)

p-02ncvcw-399-03-2024 Court of Appeal (Mahkamah Rayuan) 1 April 2026 • P-02(NCvC)(W)-399-03/2024

Catchwords

(1) with regard to the Sum, the Plaintiff obtained an ex parte Mareva injunction from the High Court against the defendant (Mareva Injunction); (2) the Plaintiff’s solicitors served the Mareva Injunction on 14 banks [so as to freeze any sum of money in the Defendant’s bank account(s)] [Service of Mareva Injunction (Banks)]; (3) the Defendant applied successfully to the High Court to set aside the Mareva Injunction [High Court’s Setting Aside Order (Mareva Injunction)]. The High Court also ordered an assessment of any loss which had been suffered by the Defendant due to the Mareva Injunction [Assessment (Mareva Injunction)]. No written judgment was provided by the High Court in respect of the High Court’s Setting Aside Order (Mareva Injunction) and the Assessment (Mareva Injunction); and (4) the Defendant filed a counterclaim against the Plaintiff on the ground that the Service of Mareva Injunction (Banks) had libelled the Defendant (Counterclaim).

Judges (3)

Evrol Mariette Peters Coram Mohd Radzi bin Abdul Hamid Coram Wong Kian Kheong Delivered

Parties (2)

Lim Koo Tiek Appellant Tan Bak Lee (mengamalkan Sebagai Tan Bak Lee & Co.) Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (p-02ncvcw-399-03-2024)