e-JUDGMENT TODAY [2021] CLJ JT (4)
 

ZSCHIMMER & SCHWARZ GMBH & CO KG CHEMISCHE FABRIKEN v. PERSONS UNKNOWN & ANOR
HIGH COURT MALAYA, KUALA LUMPUR
ONG CHEE KWAN JC
[SUIT NO: WA-22NCC-600-12-2020]
13 FEBRUARY 2021

Abstract:

A self-identification order, also known as a 'Spartacus' or 'I am Spartacus' order, compels persons unknown to identify himself/herself and to provide an address for service. The self-identification order would require placement of an advertisement in local newspapers of a notice against the person(s) unknown and this notice would alert the persons unknown of the order for them to self-identify within seven days of the advertisement, failing which, they risk committal proceedings.

CIVIL PROCEDURE: Writ and statement of claim Amendment Application to add additional defendants to suit Whether proposed defendants would prejudice existing defendants Whether application would change nature of suit if allowed Whether necessary to add proposed defendants as parties to suit Whether dispute could be completely determined with addition of proposed defendants Whether proposed defendants closely connected to reliefs and remedies claimed in suit Rules of Court 2012, O. 15 r. 6(2)

CIVIL PROCEDURE: Injunction Proprietary injunction Application for Application against proposed defendants Whether there was serious issue to be tried on merits Whether balance of convenience in favour of granting injunction Whether just and convenient to grant injunction

CIVIL PROCEDURE: Injunction Mareva freezing injunction Application for Application against proposed defendants Whether there was good arguable case Whether proposed defendants have assets within jurisdiction Whether there was risk of assets being removed before judgment could be satisfied

CIVIL PROCEDURE: Judgments and orders Self-identification order Push payment fraud Plaintiff defrauded by persons unknown Proprietary and Mareva freezing injunctions obtained against persons unknown Whether court ought to grant self-identification order Whether necessary Whether effective in alerting persons unknown to reveal themselves Whether applicable in fraud cases

CIVIL PROCEDURE: Service Substituted service Whether defendant likely to be evading service after being aware of suit Whether personal service impracticable Whether application for substituted service ought to be allowed Whether application would prejudice defendant if allowed Rules of Court 2012, O. 62 r. 5(1)

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