CHOO KOK HOOI v LANCAR BORNEO SDN BHD PIHAK TERKILAN CIMB BANK BERHAD
Catchwords
1. The Plaintiff, having obtained a default judgment in the sum of RM1,200,000.00 against the Defendant, initiated garnishee proceedings in respect of the Defendant’s bank accounts maintained with CIMB Bank Berhad (“CIMB Bank”) and Malayan Banking Berhad (“Maybank”). The present application is brought by the Plaintiff, in its capacity as the Judgment Creditor, seeking for the Garnishee Order Nisi issued against CIMB Bank and Maybank to be made absolute. 2. Both Maybank and CIMB Bank have confirmed that the Defendant holds bank accounts with available funds. However, the garnishee banks have also informed the Plaintiff that they are unable to release the said funds due to the existence of a Freezing Order and a Seizure Order issued by the Public Prosecutor under sections 44 and 50(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”). Prevailing Issue 3. The central issue in the present application is whether the Defendant’s bank accounts remain subject to a valid and subsisting Freezing and Seizure Orders, and whether such orders continue to be in effect as at the date of this hearing.
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Judgment
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Read on eJudgmentSource: eJudgment (ba-22ncvc-517-12-2024)