A Mareva Injunction

A mareva injunction is an equitable relief but not as to preserve the status quo but as an aide to execution. It is a preventive relief to restrain the Defendant from dissipating assets (out of the jurisdiction). All that the Plaintiff is required to show is that:- They have a prima facie case; The Defendant has assets within the jurisdiction; There is a real risk of assets being dissipated before judgment. Order 29, Rules of The High Court, 1980 Mareva Compania Naviera SA v International Bulkcarriers [1975] 2 Llyods Rep 509 Ninemia Maritime Corp v Trave Schiffahrtsgesellschaft mbH; The Niedersachsen [1984] 1 All ER 398, on appeal [1984] 1 All ER 413 S&F International Ltd v Transcon Engineering Sdn Bhd [1985] 1 MLJ 62 Bank Bumiputra Malaysia Berhad v Lorrain Osman [1985] 2 MLJ 236 Biasamas Sdn Bhd & Ors v Kan Yan Heng & Anor [1998] 4 MLJ 1 Good arguable case All that is required to show in a good arguable case is that, on the evidence available, there is a fair chance that the Plaintiff can obtain judgment. Ninemia Maritime Corp v Trave Schiffahrtsgesellschaft mbH; The Niedersachsen [1984] 1 All ER 398, on appeal [1984] 1 All ER 413. There is no need to show a case so strong as to warrant summary judgment. Biasamas Sdn Bhd & Ors v Kan Yan Heng & Anor [1998] 4 MLJ 1 A Mareva injunction case obtained more speedily than a summary judgment which may preclude the applicant from enjoying the fruits of his judgment. Third Chandris Shipping Corporation v Unimarine SA [1979] 2 All ER 972