Jho Low, father fail to set aside injunction on US$1.4bil assets

Jho Low, father fail to set aside injunction on US$1.4bil assets

1MDB lawyer says duo could have their defence struck out if they fail to comply with asset disclosure order.

Low Taek Jho, or Jho Low, and his father Larry Low Hock Peng (right) have been ordered by the court to comply with the disclosure order within 14 days.
KUALA LUMPUR:
Fugitive businessman Low Taek Jho, or Jho Low, and his father have failed to set aside a court order preventing them from transferring or dissipating any of their assets in Malaysia, amounting to US$1.03 billion and US$401.5 million respectively.

This follows the decision of High Court judge Hayatul Akmal Abdul Aziz in dismissing Jho Low and Larry Low Hock Peng’s application to set aside the Mareva injunction obtained by 1Malaysia Development Bhd (1MDB) and one of its subsidiaries.

The judge made the ruling after hearing submissions from both parties during online proceedings today.

1MDB counsel Siva Kumar Kanagasabai said the court dismissed the duo’s application with costs of RM5,000.

The counsel said the court also granted several supplementary orders, including that personal service of the inter partes order be dispensed with, and service is carried out by leaving a copy at the duo’s last known address in Tanjung Bungah and to their solicitors on record.

Siva Kumar said the court also ordered Jho Low and his father to comply with the inter partes Mareva disclosure order on their assets and whereabouts within 14 days of service of the order through their solicitor.

“If Jho Low and his father do not comply with the inter partes Mareva disclosure orders, they will be barred from being heard in the proceedings, their defence will be struck out and 1MDB will be at liberty to apply to enter a judgment against them.

“The court also allowed our application to amend the writ (of summons) but it relates to a minor matter on the calculation of claim. The next case management has been fixed for June 13,” the counsel said when contacted.

On March 15, Hayatul allowed a Mareva injunction sought by 1MDB and its subsidiary, Global Diversified Investment Co Ltd (formerly known as 1MDB Global Investments Ltd), which were the first and fifth plaintiffs in 1MDB’s suit against Jho Low, his father as well as several other individuals.

A Mareva injunction is a temporary order which restrains the defendant from disposing of assets until the determination of the case between the plaintiff and the defendant.

The injunction also limits Jho Low and his father from spending more than RM20,000 a month each for living and legal expenses and if they need more than the stated amount, they would need to get prior written permission from 1MDB and Global Diversified’s lawyers.

On May 7, 2021, 1MDB and its four subsidiaries, namely Global Diversified, 1MDB Energy Holdings Ltd, 1MDB Energy Ltd and 1MDB Energy (Langat) Ltd, filed a US$3.7837 billion suit against Jho Low; his father; his mother Goh Gaik Ewe; sister May Lin; younger brother Taek Szen and associate Eric Tan Kim Loong.

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