Malaysia's First Persons Unknown Injunction

22 December 2020 - Lee Shih was counsel in securing Malaysia's first-ever injunction against persons unknown. In the grounds of judgment dated 22 December 2020 in Zschimmer & Schwarz v Persons Unknown and another, the High Court granted orders for a Mareva freezing injunction, a proprietary injunction and orders for substituted service by email and a Dropbox link against persons unknown.

Cyber fraud will often involve unknown fraudsters utilising fake email addresses, hacking and siphoning assets, or launching ransomware attacks. This decision confirms that the Malaysia Court will have jurisdiction to assist the victim by granting reliefs against the unknown fraudsters. The suit against persons unknown will act as a launching pad for tracing and discovery orders, while having injunctions in place to preserve assets.

The High Court adopted English cases such as in CMOC Sales & Marketing v Persons Unknown, AA v Persons Unknown, and World Proteins KFT v Persons Unknown.

Our partner, Lee Shih, and associate, Pang Huey Lynn, appeared for the Plaintiff in the action.