Sunmaju Sdn Bhd v 1. ) Teng Thiam Foo 2. ) Chan Hooi Leng 3. ) Inter Marine Energy Sdn Bhd BUKAN PIHAK-PIHAK 1. ) CMNM MINING GROUP SDN. BHD. 2. ) Teck Ping Chan Agriculture Sdn. Bhd. 3. ) Huat Lai Resources Berhad 4. ) Huat Lai Feedmill Sdn. Bhd. 5. ) HLRB Broiler Farm Sdn. Bhd. 6. ) Huat Lai Broiler Breeders Sdn. Bhd. 7. ) Somatik Prima Sdn. Bhd. 8. ) Sungai Jan Kuari Sdn. Bhd. 9. ) Euro Saga Sdn Bhd
Catchwords
ABSTRACT The Court varied a Mareva injunction from RM50,000 to RM1,100,000 monthly for a petroleum wholesale business, allowing RM300,000 for supplier payments, RM5,000 for salaries, RM500 for secretarial fees, and RM53,423 as a one-time payment. Applying the Angel Bell principle, the court held that business expenses should be permitted even when illegality is alleged but unresolved, as long as payments represent ordinary dealings made in good faith. The decision balanced asset preservation with the defendant's right to carry on business, emphasising that Mareva injunctions should not force the closure of businesses before trial. Strict safeguards, including mandatory reporting, payment limits, and ongoing supervision, prevent improper dissipation while allowing businesses to continue. KEYWORDS Mareva injunction; variation; business expenses; Angel Bell; asset preservation; disputed illegality; interlocutory relief
Practice Areas
Judges (1)
Parties (13)
CMNM MINING GROUP Sdn Bhd Non Party Euro Saga Sdn Bhd Non Party HLRB Broiler Farm Sdn Bhd Non Party Huat Lai Broiler Breeders Sdn Bhd Non Party Huat Lai Feedmill Sdn Bhd Non Party Huat Lai Resources Berhad Non Party Inter Marine Energy Sdn Bhd Defendant Somatik Prima Sdn Bhd Non Party Sungai Jan Kuari Sdn Bhd Non Party Sunmaju Sdn Bhd Plaintiff Teck Ping Chan Agriculture Sdn Bhd Non Party Chan Hooi Leng Defendant Teng Thiam Foo Defendant
Judgment
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Read on eJudgmentSource: eJudgment (wa-23ncvc-34-05-2025)