persons unknown

Persons Unknown: Asset Recovery against Unknown Fraudsters

Lee ShihLeave a comment

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

Lee ShihLeave a comment

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 →