What Evidence Is Required In Order To Secure A Mareva Injunction?

Introduction

Pending the determination of a dispute, a party may worry that the opposing party will dissipate the relevant assets in dispute before the conclusion of the legal action. What options are available to ensure these relevant assets are preserved?

One recourse is to seek an order to effectively freeze the assets of the party pending the outcome of legal action. Such an order is commonly known as a "Mareva injunction".

Given the severity of such an injunction, it should come as no surprise that certain thresholds must be met in order to qualify for it. In Malaysia the three qualifying elements are:

• a good arguable case (element one);
• that the assets are within the jurisdiction (element two); and