1. ) DATO' SRI ZUL AZMI BIN ABU HUSSIN 2. ) XSPEC RESOURCES SDN BHD v DATO' AHMAD FARIS BIN ABDUL HALIM

wa-22ncvc-180-04-2023 High Court (Mahkamah Tinggi) 27 April 2025 • WA-22NCvC-180-04/2023 • 17 min read

8 cases cited (0 SG, 8 foreign)

Catchwords

Contract for supply of technical equipment to Special Branch of Royal Malaysia Police – 1st Plaintiff sought financial assistance of Defendant – Entered into Deed of Trust to hold shares in company on trust for Defendant – Defendant signed Guarantee to guarantee a loan given by a lender to 2nd Plaintiff – 1st Plaintiff diverted money received from Police to third parties instead of repaying the loan – Defendant sued as guarantor – Summary judgment entered by lender against the Defendant – Defendants applies for Mareva injunction against 1st Plaintiff – Discovery order in aid of execution of Mareva injunction – Three requirements for issuance of Mareva injunction – Whether Defendant has shown good arguable case – 1st Plaintiff has assets within the jurisdiction of this Court – Real risk of dissipation of assets by 1st Plaintiff who has diverted funds instead of repaying loan – Discovery in aid of Mareva injunction

Practice Areas

Civil Procedure

Judges (1)

Gan Techiong Delivered

Counsel (5)

Ganesh Azhar & Associates Firm Mohaji Hazury & Ismail Firm Ganesh a/l Magenthiran Counsel Defendant Muhammad Asif Bin Zahari Counsel Plaintiff Suronmani A/L Krishnan Counsel Defendant

Parties (3)

XSPEC RESOURCES Sdn Bhd Plaintiff Dato' Ahmad Faris bin Abdul Halim Defendant Dato' Sri Zul Azmi bin Abu Hussin Plaintiff

Cases Cited (8)

UK (1)

[1980] 1 All ER 213

MY (7)

[1982] 1 MLJ 260 [1985] 1 MLJ 62 [1989] 2 MLJ 153 [1995] 1 CLJ 293 [1995] 1 MLJ 241 [1995] 2 MLJ 213 [1998] 4 MLJ 1

Judgment

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Source: eJudgment (wa-22ncvc-180-04-2023)