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  • Affidavit Anton Piller Order

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    Arief Firdaus
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    1. The plaintiff, a bank, claims the first defendant, a former director, is indebted to them for secret profits made in breach of fiduciary duty. 2. The affidavit provides background on the parties and states the first defendant wrongfully engaged in transactions that benefited himself while director of the plaintiff. 3. The plaintiff seeks an ex parte Anton Piller order to inspect and remove documents from the first and second defendants' premises relating to the first defendant's assets, as there is a risk they could be destroyed to defeat justice.

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    Original Title

    AFFIDAVIT ANTON PILLER ORDER

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    1. The plaintiff, a bank, claims the first defendant, a former director, is indebted to them for secret profits made in breach of fiduciary duty. 2. The affidavit provides background on the parties and states the first defendant wrongfully engaged in transactions that benefited himself while director of the plaintiff. 3. The plaintiff seeks an ex parte Anton Piller order to inspect and remove documents from the first and second defendants' premises relating to the first defendant's assets, as there is a risk they could be destroyed to defeat justice.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    336 views4 pages

    Affidavit Anton Piller Order

    Uploaded by

    Arief Firdaus
    1. The plaintiff, a bank, claims the first defendant, a former director, is indebted to them for secret profits made in breach of fiduciary duty. 2. The affidavit provides background on the parties and states the first defendant wrongfully engaged in transactions that benefited himself while director of the plaintiff. 3. The plaintiff seeks an ex parte Anton Piller order to inspect and remove documents from the first and second defendants' premises relating to the first defendant's assets, as there is a risk they could be destroyed to defeat justice.

    Copyright:

    © All Rights Reserved
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    of 4

    ENCLOSURE:

    IN THE HIGH COURT OF MALAYA AT …


    IN THE STATE OF …
    CIVIL DIVISION
    CIVIL SUIT NO. : …

    BETWEEN

    … …. PLAINTIFF
    (COMPANY NO.: 54321N)
    AND
    …………….. …FIRST DEFENDANT

    (NRIC: …)

    …SDN. BHD. …SECOND DEFENDANT

    (COMPANY NO.: 12345E)

    AFFIDAVIT IN SUPPORT

    I, … (NRIC NO.: …), a citizen of Malaysia who has attained age of majority, the Manager of the
    Legal Department of the above named Plaintiff, affirm and says:-

    1. Save and except where stated to the contrary, the matters deposed herein are derived solely
    from information and records which the Plaintiff has access and are within its own
    knowledge.

    2. At all material time, the Plaintiff is Bank … (Company No.: 54321N) a company
    incorporated under Companies Act 1965 having its registered address at …. The Plaintiff
    is at all material time carrying the business of banking. A copy of the company
    incorporation certificate is enclosed and marked as Exhibit ‘ABS-1’.
    3. The First Defendant was at all material times the Director of the Plaintiff and residing at
    …. A copy of the Appointment Letter As a Director of the Plaintiff dated … is annexed
    hereto and marked as Exhibit ‘ABS-2’.

    4. The Second Defendant, …. Bhd. was at all material times has registered office at …

    5. (COA) The First Defendant is and was at the commencement of this action, justly and truly
    indebted a total sum of RM… which the Plaintiff claims for secret profits made by the
    Defendant which resulted from the breach of Defendant’s Fiduciary Duty to the Plaintiff.

    6. On … the The First Defendant …(mention the facts of the case).

    7. …

    8. …
    9. In the course of the aforesaid transactions, the The First Defendant had wrongfully …

    10. …
    11. …
    12. …
    13. ….
    14. ….

    15. I believe that … The First and Second Defendant have in their possession, custody or
    control, documents and files since the said Company is controlled by the Defendant, there
    is a risk of the documents relating to the Defendant’s assets of being removed or destroyed.

    16. It is appropriate that this application for an injunction is to be granted Ex Parte due to the
    urgency of the matter and the need for secrecy from the knowledge of the Defendant,
    which will otherwise cause him to destroy or dispose of so as to defeat the ends of justice
    before any application inter parties could be made.
    .
    17. Nobody knew of the whereabouts of the …. This shows that The First Defendant has no
    interest in defending this action against him. Therefore the Plaintiffs is left with no
    alternative but to apply for an order for the Plaintiff to be permitted to inspect and remove
    the said documents and files relating to the value, nature and whereabouts of the assets of
    the The First and Second Defendant from their premises.

    18. I verily believe that the Plaintiff should be authorised to inspect in this manner so that
    justice can be done between the parties. I believe that the normal process of law would be
    rendered nugatory if some immediate and effective measures are not available to the Plaintiff.

    19. Wherefore, I hereby humbly pray for this Honorable Court for an order of Anton Piller to
    be granted.

    To an affidavit by one deponent ]


    …. ] ………………………………….
    (NRIC No.: … ]
    Sworn on the ……………………… ]
    At Shah Alam in the State of Selangor ]
    (No interpretation is required)

    Before me,

    ........................................................
    Commisioner for Oaths (dont 4get to sign)

    This AFFIDAVIT is filed by ... [Tel: 03-555 3164] [Fax: 03-555 3170]
    [Ref: …]

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