Chai Jook Kew (Menyaman sebagai Pentadbir Harta Pusaka Si Mati, Chai Yen Chong) v 1. ) Chai Jen Chiew (Didakwa Sebagai Wakil Diri Harta Pusaka Chai King Chong, Si Mati Menurut Perintah Mahkamah Bertarikh 30.9.2020) 2. ) Chai Fook Chong 3. ) Chai Jen Chiew
3 cases cited
(0 SG, 3 foreign)
Catchwords
Introduction 1. The Plaintiff’s application is for a post judgment Mareva Injuction 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 4/9/2024 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 judgments sum thereby reflecting a conduct of avoiding payment of the judgment sum. Conclusion 14. The Court exercised its discretion in dismissing the Plaintiff’s application with a cost of RM3,000.
Judges (1)
Counsel (6)
Statutes Cited
Rules of Court 2012
Cases Cited (3)
UK (2)
[1981] 2 All ER 577 [1983] 1 WLR 1412
MY (1)
[1982] 1 MLJ 260
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-66-01-2020)