GZ E&C (MALAYSIA) SDN. BHD. v 1. ) R&R REDROSE CONSTRUCTION & BUILDINGS SDN. BHD. 2. ) FOONG MAN LI 3. ) FOUR STORY SDN. BHD. 4. ) WEE SENG YEO 5. ) GUO XIUQI 6. ) LEAN YUNG KWANG

ca-22ncvc-2-01-2025 High Court (Mahkamah Tinggi) 15 May 2025 • CA-22NCvC-2-01/2025

Catchwords

Proprietary & Freezing Injunctions – injunction meant at preserving and restraining defendants from dealing with the plaintiffs’ assets or assets over which the plaintiffs has existing proprietary rights – Alleged fraud/misappropriation of money transferred from the Plaintiff Company’s account and held in the bank accounts of R&R Redrose Construction – Proprietary Injunction: requirement to prove constructive trust – Freezing Injunction: requirement to prove existence of an arguable case, defendants have assets within the jurisdiction of the court and there is risk of dissipation of assets – Consolidation under Order 4, Rule 1 of the Rules of Court 201 : consolidation of proceedings generally not ordered unless there exist common questions of law and fact, real likelihood of inconsistent judgments – Proprietary, Freezing Injunction and consolidation application allowed.

Practice Areas

Civil Procedure Equity & Trusts

Judges (1)

Mohd Radzi bin Harun Delivered

Parties (7)

FOUR STORY Sdn Bhd Defendant GZ E&C Sdn Bhd Plaintiff R&R REDROSE CONSTRUCTION & BUILDINGS Sdn Bhd Defendant Foong Man Li Defendant Guo Xiuqi Defendant Lean Yung Kwang Defendant Wee Seng Yeo Defendant

Judgment

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Source: eJudgment (ca-22ncvc-2-01-2025)