IN THE HIGH COURT OF MALAYA AT SHAH ALAM! IN THE STATE OF SELANGOR (COMMERCIAL DIVISION) 101-16 OF 2007 CIVIL SUIT NO: BETWEEN JOERG HUGO SCHMIDT (NRIC, NO.: 670514-14-5193) -sPLAINTIFE AND MENK SDN BHD (COMPANY NO.: 7652-K) DEFENDANT NOTICE OF APPLICATION? Let all parties concemed attend before the Judge in Chambers OM. then day of. 4 20s tsoneneetnip.n on the hearing of an application on the part of Plaintiff under Order 29 rule 1 of the Rules of Court 2012 forthe following order:- ‘)_ An order to restrain the defendant howsoever from removing from the jurisdiction of this Honourable Court, selling, disposing of, charging, pledging, transferring or otherwise illion before dealing with its assets within the jurisdiction amounting up to 4.5 n relocating the company to China ') Cost of suit * ia abn bn Ha Abd aban v Century Hotel Sn Bh (982) 1 MU 250 the high Curt of Malaysia bas iditen to grt o Maeve nuncton in anpropateccumstances the ‘pronton of pregraph Gof te schedule othe Courts oPudeature Act 1964 are he equveent ofthe proviions of Seton dS ofthe Engl Court of uc Act 1925" order 29, Rue 2 Rules of Cour 2012 ‘+ Replication rte grant of injunction may be made by any pat to 2 aus ormatter before or fe the al {onder 52 1, every appcaton in Chambers sl be made by notice of ppaton in Form 7©) Such further or other relief as this Honourable Court may deem fit and proper to grant The grounds of the application® are: ‘The plaintiff believes that: 4) A good arguable case was established. bb) The defendant has assets within jurisdiction ©) There are grounds for believing that there isa risk of the assets being removed before the {judgment or award is satisfied, Datedthe dayof =, 20 Entered No. 1625 of 20 Senior Assistant Registrar High Court Shah Alam (orcer29, Rue 12) of Rules of cour 2012 ‘+ Apsicaton ey be made through notice of ppeaton and be supported wit fait andncase of vrgeney maybe made ex par.NOTICE OF APPLICATION is issued by CHAMBERS OF FATIN AIDILLAH whose address for service is at Bilik AL709, Tingkat 7, Bangunan Akademik 2, Fakulti Undang- ‘Undang, 40450 Shah Alam, Selangor forthe abovenamed Plaintiff. [Tet: 03-555 3322} [Fax: 03-555 3311] [Our Ref: CFAICTA/MN/3] To the Defendant: MENK SDN BHD. (COMPANY NO.: 7652-K) No. 25, Jalan SRI3, Kawasan Perindustrian, 86200 Simpang Renggam, Jobor.IN THE HIGH COURT OF MALAYA AT SHAH ALAM INTHE STATE OF SELANGOR (COMMERCIAL DIVISION) civ 007! BETWEEN JOERG HUGO SCHMIDT (NRIC. NO: 670514-14-5193) ssPLAINTIFF. AND MENK SDN BAD (COMPANY NO.: 7652-K) - DEFENDANT AFFIDAVE 1, JOERG HUGO SCHMIDT (NRIC NO.: 670514-14-5193)°, a Malaysian citizen of full age and residing at No. 13 Jalan Akuatik, 40100 Shah Alam, Selangor do make oath and say as follows’:~ (Order 41 Rule 1) of ules of Cour 2012 very aft sworn ina couse or mater sabe eatedin ha cause or mater. * der 29, le (2) of Plea Court 2012 ‘+ Appleation may be made tough note of =ppeation and be supported with dai and incase of gency maybe made ox parte ‘ada ste nor 42 name of the depanent "pro of Orde A, Rule 18) of Rules oF Cou 2012 ‘+ thedescnent who fghng the evidences ing itln capac of representing» business, mest state he ress of whch he works, the postion be hols and the name of his fem or empioyer if ar. + Mrcfard in atmad's the one tat puting forward the evidences on behalf Heavy Metal Sdn Ghd ase hols the posiion of Managing Decor ad Ce aeeuhe ofthe comgay.Save and except where stated tothe contrary, the matters deposed herein are derived solely from information and records which the I has aeeess and are within its own knowledge’ 1 Tam the above named Plaintiff in this action and was at all material time the general manager” of the Defendant's company, Menk Sdn Bhd, having its registered office at No. 25, Jalan SR/3, Kawasan Perindustrian, 86200 Simpang Renggam, Johor!" ‘The Defendant, Menk Sdn Bhd’ is and was at all material times a company incorporated under the Companies Act 1965, having its registered offie at No. 25, Jalan SRV3, Kawasan Perindustrian, 86200 Simpang Renggam, Johor!® carrying on the business of auto pars. A copy of the company incorporation certificate is enclosed here and marked as “JHS-I"™ Tam and was at all material times, the general manager of the Defendant's ‘company, having my place of residence at No. 13 Jalan Akuatik, 40100 Shah Alam, Selangor" By a contract of service dated 16" August 2002, I was employed as a general manager in the defendant company, which is a subsidiary of Menk Apparatebau GMBH of German, with a salary of RMI8,000 per month together with a ‘month's contractual bonus. 1 was also entitled to a monthly entertainment allowance of RM4,500, accident insurance coverage of RM864,000, medical insurance coverage of RM3,000, hospitalization and surgical insurance premium § oder 4, Rule (5) Rules of Court 012 ver fei shal be dived nto parsgaphsrumtered consecutively, each paragraph beng far as possible cnfiedto a dstnct portion ofthe subj. * onder, Rue St of ules of Cour 2012 ‘nafs conan ony ch ets asthe deponents ble of sown know to prove occupation ofthe deponert "nde the deponent work "name of defendant * adres ofthe deponent * onder 12 “Any dacument tobe used inconiuetion wth an afaishall be exited and 2 copy thereof annexed othe sive * Recent Adres of DapenentOF RMITA82.87 with Allianz Worldwide Care, profit sharing of 1% on the company’s audited an ‘ompany’s audited annual profit and the use of a company car, inclusive of toll nd petol. A copy of and Petrol. A copy ofthe sad contract of employment is anexed herewith and marked as “IHS.2" ‘Amongst the terms ofthe contract were thatthe employce-employer relationship Shall end at the month ending upon the respondent reaching the age of 63 oF upon his claim of pension of occupational disability or invalidity. The defendant's representative one Mr, Otto Karl Gross had repeatedly affirmed that my employment with the defendant was secure and will continue as long as the defendant continued to generate profits. 1 commenced employment with the defendant on 1" October 2002. Later the defendant had my employment pass ‘extended for a maximum period of five years from 9 February 2006 to 16" January 2011. A copy ofthe renewal contract is annexed herewith and marked as “sas!” (On 22 June 2006, I was served with a notice, also dated the same day, notifying ime that the Contract of Service would be terminated upon the expiry of three months period ie on 30" September 2006. At tat time, I was only 49 years old ‘and going by the terms ofthe contract, I stil hada 14 good years left to serve. I hereby commence a suit against the defendant for damages of RM 4, 335,064.43" for losses suffered for the period from October 2006 until 234 ‘August 2019, or damages to be assessed with interests. I am also filing an pplication for a Mareva injunction over all the assets of the defendant to the ‘extent of RM4.Smillion™. "oro othe commitment agreement ered between Pati sdthe defend ° ott meter coat ae rer fro co 2012 "set within jurition, ark Burp Mal ntertered between Panta te defendant ‘Dates sums and other umber sabe exgessed nan fcvtin eres and tn words. vol Ghd nor vera Osan 8 Ors (185) 223610. T also had esta ished ag tol good arguable case wh the nature ofthe Contract of Serj ofthe Contact of Service which wi tral there is a serious question in * being a long term one and there isa breach il be requited to be addressed by a full blown termination, Ihave suffered losses and damages in te lke of salary and benefits amounting to RM 4,335,063.00. 1 also have @ good reason to believe that there is areal risk that the defendant would dissipate or remove all its assets in Malaysia. I believe there is a “mala fide” in my termination as it was to facilitate the defendant's closing down ‘operations in Malaysia. The defendant had also conceded that they are moving ‘out of Malaysia. Here, I believe that there is areal risk that the defendant would dissipate or remove all its assest in Malaysia beginning March 2007 before the civil suit is to be determined”, I believe that unless the defendant is restrained from doing so any judgment that may eventually be obtained against him in this action would not be enforced satisfactorily. Tam advised by my Solicitors that the I am required in law to give an undertaking to meet damages that may be suffered by the Defendant in the event, the Court eventually holds that the Injunction sought ought nat to be given” rat of kof dition fase. Third Chan shiping Corporation & rs Urimacie (1978) 2 ER S72 The Plain shoul ge some agg, Wounds or elev that he ain ves undertaking 35 to damages and inde ‘pling wth he order. Hubbard Pat (1975) WAR 202 gourds orig tht te dlendant as sets thin the jac and some re sk those esets bag removed from juriscton iy any thd partes inspect of eperses ncred by tema14, [pray that this honorable Court to grant orders in term for this application smages upon the gantf an inerc.tory nunction was that + Orefthernonsorregurng am undetating 510 chs Se + ct abstaining from expressing any opinion upon the merits of oie the court in dong that thieh was its reat obec the ase nti he hearingreef! HOMBIY Pray ris Hoga ‘To grant the Orde, which yy Table Cour: fareva injunction? Cost and * niunetion”, applied for, ‘Any other relief Which the ¢ ich the Court deems we deponent witb an rhgoscxMT OE tt 23t-105390) yon ) uo nse) See ae ca 7 ’ Commissioner for Oaths : “pa tanyra Naver SA nternatina Bua SA(I575)2 Les ep 50 Poin of Marea injunction, ye Rl 1() 0 ules of Court 2012 Tiss be spre by the deonent an the jt shale compete nd indy th ponent andthe at She cmpleted and signed by the person lore whom is sworn ‘s + atv shal be signed bythe deoonent a ‘+ Ajesttl ein one of the formsin Form 76 + hint otto be swom before solr of at. Nalaen Sain Sn. Sv Catered Corporation Sn Bhd or} ase07 ‘Mien Suport of the aplication cannot be afrmedy salon cage ns frm at odeayeu. drt tobe nen bere stefan aig. Chae Copatin sh sever “itn support ofthe apation cannot be fied by sot n charge nests femal raveIN THE HIGH COURT OF MALAYA AT SHAH ALAM, IN THE STATE OF SELANGOR (COMMERCIAL DIVISION) CIVIL SUIT NO: M’ OF 2007” BETWEEN 4JoERG HUGO SCHMIDT {NRIC. NO.: 67051414-5193) ae aoe AND MENK SDN BHD (COMPANY NO. 1652-K) DEFENDANT CERTIFICATE OF EXHIBIT? 1 HEREBY DECLARE thatthe exhibit annexed hereto and marked with the letters “JHS-3" is the exhibit refered to in the Affidavit in Support affirmed by JOERG HUGO SCHMIDT (NRIC NO.: 670514-14-5193) dated 0M the nee 489 OF srnerneeereny 2007 ‘nder ut 12) fles of Cout 2012 _g,__ Beate soins te ma ‘hy ent oan dat shal be dette by a ceifete af the person before whom te aida swan. The ‘anfcate Sat be entedin the sme mooet 5 the fava le 1), (263 salle app accord