According to a news report, a total of 5,697 cases of cyber fraud were reported to CyberSecurity Malaysia, the national cyber security specialist and technical centre under the purview of the Ministry of Communications and Multimedia Malaysia, from January to August 2020.
While cyber fraud cases are often reported, it is not often that the fraudster is actually caught and brought to justice. This is unsurprising as the identity of the fraudster is often unknown and victims may not know what recourse is available against an unknown person.
All this will now change with the recent decision of the Malaysian High Court in Zschimmer & Schwarz GMBH & Co. KG Chemische Fabriken v Persons Unknown and Mohammad Azuwan bin Othman (t/a Premier Outlook Services) KLHC Suit No. WA-22NCC-600-12/2020 (“Zschimmer & Schwarz”) where the Court granted a Mareva Injunction and a proprietary injunction against “Persons Unknown” in a cyber fraud claim for the first time in Malaysia.
One may ask what is the utility of such injunction orders being granted against “Persons Unknown”? The utility of such injunction orders lies in its ability to be a springboard for the grant of further ancillary relief vis-a-vis third parties to eventually reveal the identity of the alleged fraudsters so that by the time trial commences, the identity of the alleged fraudster(s) would be known. In other words, the purpose of such orders is to grant temporary relief pending trial, during which time the wrongdoers can be identified.
Brief Facts
In Zschimmer & ..
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