Bank Bumiputra Malaysia Bhd & Anor v Lorrain Osman & Ors [1985] 2 Mlj 236

BANK BUMIPUTRA MALAYSIA BHD & ANOR V LORRAIN OSMAN & ORS [1985] 2 MLJ 236

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 The frst plainti is a company incorporated in Malaysia.  The second plainti is subsidiary o the frst plainti.

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 The Deendant, Lorrain Osman was the Director o the frst plainti company and the Chairman o oard o Directors o the second plainti. •

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Download And  The plaintis Cancel brou!ht anPrint action a!ainst the deendant on the alle!ation that the deendant had breach his fduciary duty a!ainst the company and had made secret profts and to return the monies to the company.  The plaintis also ma"e an application o Mare#a in$unction to restrain the deendant rom transerrin! the assets out o $urisdiction, and to disclose the #alue, nature and whereabouts o his assets.

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LEAL ISSUES In order to print this document from Scribd, you'll first need to download it. Cancel

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%hether the Mare#a &n$unction Order should be !ranted .

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ROUNDS OF JUDMENT In order to print this document from Scribd, you'll first need to download it. Cancel

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 The court in this case considered three re'uirements in respect o !rantin! Mare#a &n$unction.

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(irst, the plaintis must show that they ha#e !ood ar!uable case) second, the plaintis must produce e#idence that the deendant has assets within $urisdiction and  Third, there is a ris" o the assets bein! remo#ed beore the $ud!ment is

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 The plaintis contended that Lorrain had embar"ed on a deliberate course o conduct, which had put his personal interests as a benefciary o the personal loan and this was in direct con4ict with his pre5e6istin! and continuin! duty as a director o the an" and Chairman o M(.

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