Spartacus Order: Self Identification Order against Persons Unknown

A self-identification order, otherwise known as a Spartacus order, is an order to compel the unknown defendant to identify himself and provide an address of service.

In the ongoing case of Zschimmer & Schwarz v Persons Unknown, Ong Chee Kwan JC in the High Court granted Malaysia’s first-ever Spartacus order recently . You can access the grounds of judgment dated 13 February 2021 for the grant of the Spartacus order. Continue reading

Persons Unknown: Asset Recovery against Unknown Fraudsters

I wrote an article entitled ‘Persons Unknown: Asset Recovery against Unknown Fraudsters in a Time of Cyber Fraud‘ published in the Malaysian Institute of Accountants publication, Accountants Today.

My article covers the areas of:

1. Preventing Dissipation: Freezing and Proprietary Injunction
2. Unknown Fraudsters: Persons Unknown Jurisdiction
3. Cryptocurrency: Can the Courts Freeze and Trace Such Assets?
4. Money Trail: Bankers Trust and Third Party Disclosure Orders
5. You’ve Got Mail: Court Papers Served by Email, Dropbox and WhatsApp

You can access the article here on the Accountants Today website.

 

First Malaysia Decision on a Persons Unknown Injunction

The High Court has issued its grounds of judgment dated 22 December 2020 in the Zschimmer & Schwarz case (now reported as Zschimmer & Schwarz GmbH & Co KG Chemische Fabirken v Persons Unknown & Anor [2021] 7 MLJ 178). The Court granted novel orders for a Mareva freezing injunction and proprietary injunction against Persons Unknown.

The Persons Unknown jurisdiction was justified in allowing for injunctive and tracing remedies against the unknown fraudster or fraudsters. The Court also allowed orders for substituted service on such Persons Unknown through email and a Dropbox link. Continue reading

FIRE Asia Virtual: Virtual Event Series 29 June to 1 July 2020

I will be chairing one of the events at the inaugural Thought Leaders 4 FIRE (Fraud, Insolvency, Recovery and Enforcement) event. It is the FIRE Asia Virtual 3-day event held on 29 June to 1 July. The topics will cover topics on fraud, asset recovery and insolvency.

You can join as a member and then attend the virtual for free. Sign up here.

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The Effects of COVID-19 on Fraud and Asset Recovery Globally

FraudNet is an international network of independent lawyers who are the leading civil asset recovery specialists in each country. It has been ranked by Chambers Global as the world’s leading asset recovery legal network.

FraudNet has now put up a global guide on the effects of COVID-19 on fraud and asset recovery. You will be able to click on each country to get access to that country’s write-up. I am the Malaysian member of FraudNet, and I reproduce the Malaysian chapter below. Continue reading

Malaysia Insolvency Conference 2019

On 20 November 2019, the Malaysian Institute of Accountants, the Insolvency Practitioners Association of Malaysia, and the Malaysian Institute of Certified Public Accountants will stage the Malaysia Insolvency Conference 2019.

It will be held at Connexion Conference & Event Centre @ The Vertical. The registration fee for members from MIA, IPAM, MICPA and the Malaysian Bar is RM1,000. Non-members fee is RM1,300.

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