MAY 22 — Dr Ong Tze Chin, Senior Lecturer at the Faculty of Law, Universiti Malaya has identified public law injunction as a critical tool for regulatory bodies to protect the...
! Plus, enjoy an additional FREE RM10 when you sign up using code VERSAMM10 with a min. cash-in of RM100 today. T&Cs apply.public law injunction as a critical tool for regulatory bodies to protect the collective interests of online users.
Such an injunction should serve “as an immediate ‘emergency brake’, allowing regulators to bypass procedural delays and legally compel platforms to freeze scam accounts or remove deceptive advertisements in real-time”. It would allow public law enforcement to prevent the “systemic unfair commercial practices that threaten users’ safety and economic stability”.
Zschimmer & Schwarz GMBH & Co. KG Chemische Fabriken v Persons Unknown and Mohammad Azuwan bin Othman where the High Court has established a precedent for granting injunctions against “Persons Unknown”, Dr Ong suggested that public law injunctions can be utilised to combat anonymous cybercrime and scam advertising.
“By deploying injunction alongside statutory investigations, it can prevent widespread financial loss while the more time-consuming work of evidence gathering and compliance auditing continues in the background,” wrote Dr Ong. , the plaintiff, a German company, was a victim of a cross-border cyber fraud known as “push payment fraud” where through exchanges of emails, the fraudster, who was the first defendant , deceived the plaintiff into making payment of €123,014.65 into a CIMB bank account in Malaysia.
File picture of the Palace of Justice in Putrajaya. A commentary by Hafiz Hassan examines the legal limitations of ‘ex parte’ injunctions in tackling online scams and cyber fraud in Malaysia. — Picture by Raymond Manuel The plaintiff thought it was making a genuine payment to its South Korean counterparty for a commission payment. Instead, the fraudster siphoned the plaintiff’s monies away.
The CIMB bank account was in the name of the second defendant, a sole proprietor. The judgment of the High Court was in respect of two broad reliefs sought by the plaintiff on an urgentbasis via a hearing through the e-review platform, the first of which was a proprietary injunction and Mareva injunction relief against the defendants.
Judicial Commissioner Ong Chee Kwan ruled that the court could grant parallel reliefs of a proprietary injunction and a Mareva injunction, which is a freezing injunction, as often done in fraud cases. The learned judge further ruled that the balance of convenience was in favour of the grant of the proprietary injunction. The plaintiff’s monies had been paid out under a false premise.
These monies should be injuncted pending the determination of the plaintiff’s action against the defendants. As for the requirements for the grant of a Mareva injunction, the learned ruled that the plaintiff had not only met the requirements under Order 29 rule 1 of the Rules of Court 2012 , but had also incorporated the necessary guidelines and safeguards in the order for a Mareva injunction.
Given that the defendants were likely to have assets in the jurisdiction and that there was already actual dissipation of assets, and not just the risk of assets being removed from the jurisdiction — requirements for the grant of a Mareva injunction – the learned judge granted the reliefs sought by the plaintiff.pursuant to anapplication — that is, an application made by a party to the cause or matter without the attendance of the other party. The reference by the learned judge to Order 29 rule 1 ROC makes it even more explicit that the injunctions wereapplications only.
It has no application or relevance ininjunction is 21 days and this period is mandatory. In the absence of any application to revoke or set aside the injunction, it will automatically lapse at the end of 21 days from the date on which it was granted, unless extended by an is application?
Clearly, there are limitations to the so-called public law injunctions such as those granted by the High Court in* This is the personal opinion of the writer or publication and does not necessarily represent the views of
Universiti Malaya Zschimmer & Schwarz Mareva Injunction Push Payment Fraud CIMB Bank Account
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