The Mareva injunction / Nor Zakiah Abdul Ghani

• Main Author: Abdul Ghani, Nor Zakiah
• Format: Student Project
• Language: English
• Published: 1982
• Subjects: Remedies and special procedures; Malaysia
• Online Access: https://ir.uitm.edu.my/id/eprint/60336/1/60336.pdf; https://ir.uitm.edu.my/id/eprint/60336/

Do the courts in Malaysia have jurisdiction to grant such an order? In Malaysia the question of jurisdiction of the High Court in granting Mareva injunction was first brought up in Zainal Abidin bin Haji Abdul Rahman v Century Hotel Sdn. Bhd. Thus the discussion on this matter will be best looked at with reference to that case both in the High Court and Federal Court. It is clear that, question of this kind will be resolved by reference to the Courts of Judicature Act 1964. Justice Hashim Yeop Sani in the High Court correctly refers to section 25 of the Courts of Judicature Act and paragraph 6 of the Schedule to the Act to ascertain the power of the High Court and section 50 and 51 of the Specific Relief Act 1950 on power of the High Court with reference to injunction. The observation of the court was that our courts are created by statute and the powers of the courts are as provided thereunder.