TEN JING ENTERPRISE SDN BHD v 1. ) HONG LEONG BANK BERHAD 2. ) ENGKU HANIF BIN ENGKU ISMAIL 3. ) KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA 4. ) Kerajaan Malaysia

w-01ncvcw-166-03-2023 Court of Appeal (Mahkamah Rayuan) 15 May 2025 • W-01(NCvC)(W)-166-03/2023 • 4 min read

Catchwords

Investigation of an alleged customs duties evasion of one TS Steel Sdn Bhd(TS Steel) - Freezing Order under section 44 of the AMLATFA to freeze the current account of TS Steel. at the 1st Defendant - Seizure Order under section 50 of the AMLATFA was issued - DPP commenced a Forfeiture application under section 56 of the AMLATFA to forfeit several bank accounts including the current account - Plaintiff filed Third-party Application (TPA) claiming interest in the current account - The High Court and Court of Appeal allowed and confirmed the Plaintiff"s bona fide TPA - TS Steel was wound up - 1st Defendant released the said sum to the lnsolvency Department( MDI) - Whether Seizure Order was still valid and effective when the 1st Respondent released the said sum to the MDI - Whether the amendment to section 52A of the AMLATFAPUA applied restrospectively - Whether the Seizure Order prevail over a Winding Up Order - Whether the 1st Respondent was negligence and had breached the statutory duty - Whether the 1st to 4th Respondents are liable to pay damages to the Plaintiff.

Practice Areas

Judges (3)

Ahmad Kamal bin Md. Shahid Delivered Azhahari Kamal bin Ramli Coram S. Nantha Balan a/l E.s. Moorthy Coram

Parties (5)

HONG LEONG BANK BERHAD Respondent KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA Respondent Kerajaan Malaysia Respondent TEN JING ENTERPRISE Sdn Bhd Appellant Engku Hanif bin Engku Ismail Respondent

Judgment

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Source: eJudgment (w-01ncvcw-166-03-2023)