The Mareva Injunction originated from Lord Denning's
statutory interpretation in Mareva Compania Naveria SA v.
International Bulkcarriers SA [1980] 1 All ER 213. The Mareva
Injunction is a court order which restrains the parties being sued
(Defendants) to dissipate or dispose of their assets pending
determination or disposal of a legal action brought by the parties
suing (Plaintiff). In other words, the purpose of Mareva Injunction
Order is to freeze the assets of the Defendant to protect the
applicant's interest prior to trial.
In Malaysia, Mareva Injunction Order are governed under Order
29, Rule 1 of the Rules of Court 2012
("ROC"). The Order enunciated certain
requirements or prerequisites that the applicant must comply with
before an order for the Mareva Injunction can be granted. Further,
the application of Mareva Injunction Order may be made by a notice
of application supported by an affidavit and where the case is one
of urgency, may be made ex-parte (meaning
