Summary
When you are a victim of fraud or fraudulent misrepresentation, the initial shock is often followed by a secondary fear: Will there be anything left to recover by the time I win the case?
In the legal world, a judgment is only as good as the assets available to back it up. If a dishonest party begins the dissipation of assets—moving money to offshore accounts, selling property, or hiding wealth behind shell companies—you need a "nuclear weapon" to stop them. That weapon is the Mareva Injunction.
What is a Mareva Injunction?
A Mareva Injunction is a court order that freezes a defendant's assets. Its primary goal is to ensure that a defendant does not strip themselves of assets to make themselves "judgment-proof."
Under Singapore law, specifically the Rules of Court 2021, this injunction can be:
- Domestic: Freezing assets located within Singapore.
- Worldwide (WMI): Freezing assets globally, regardless of where they are held.
Legal Grounds: Fraud, Deceit, and Misrepresentation
Most freezing orders are rooted in claims involving dishonesty. If you are filing a claim under the tort of deceit, you are alleging that the defendant intentionally made a false statement to trick you, resulting in loss.
The Three Pillars of Your Claim:
- Fraudulent Misrepresentation: When a party makes a false statement, knowing it is false, to induce you into a contract or transaction.
- Tort of Deceit: A specific legal action taken when a defendant’s lies cause you direct financial damage.
- Risk of Dissipation: The most critical element. You must prove the defendant has a "propensity for dishonesty" that suggests they will hide assets to avoid paying you.
How to Successfully File a Mareva Injunction
The Singapore High Court sets a high bar for granting these orders because they are "draconian" (severely restrictive). To win, Triangle Legal LLC works with you to establish:
1. A Good Arguable Case
You must show that your claim for fraud or breach of contract has a strong chance of success. It is not enough to simply be "unhappy"; you need evidence of the tort of deceit.
2. Real Risk of Dissipation
The court needs more than just a suspicion. We help you gather "solid evidence," such as:
- A history of the defendant moving funds through multiple jurisdictions.
- Evidence of fraudulent misrepresentation during the initial deal.
- Active attempts by the defendant to liquidate their Singapore holdings.
3. Full and Frank Disclosure
Because these applications are often made ex parte (without the defendant present), you have a legal duty to tell the court every relevant fact—even those that might hurt your case. Failing to do this can result in the injunction being discharged immediately.
The Triangle Legal Advantage: Why Speed Matters
In asset recovery, time is your greatest enemy. The moment a fraudster suspects legal action, the money moves.
Why engage Triangle Legal LLC?
- Crisis Response: We offer immediate consultations and can move from initial instruction to a court hearing in a matter of days.
- Expert Navigation: Managing Director Nico Lee and the team are experts in identifying the "red flags" of asset dissipation that judges look for.
- Holistic Strategy: We don't just file papers; we coordinate with private investigators and forensic accountants to trace hidden wealth.
Client Need: You need a lawyer who understands the emotional toll of being defrauded but remains ruthlessly objective in securing the court order. We bridge that gap with clear communication and aggressive advocacy.
Frequently Asked Questions (FAQ)
What assets can be frozen under a Mareva Injunction?
Almost any asset of value can be frozen, including bank accounts, real estate, shares, vehicles, and even cryptocurrency held in digital wallets.
Can a Mareva Injunction be filed before a lawsuit starts?
Yes. In cases of extreme urgency involving fraud, the court can grant an injunction before the main lawsuit is filed, provided you promise to file the claim immediately afterward.
What is an "Undertaking as to Damages"?
When you apply for a freezing order, you must promise the court that if you lose the case, you will compensate the defendant for any financial loss the freeze caused them. We help you assess this risk before proceeding.
How long does a freezing order last?
Typically, it remains in place until the end of the trial or until the defendant provides an alternative form of security (like a bank guarantee) for the claim amount.
Stop the Dissipation of Your Assets Today
If you suspect fraud or are the victim of fraudulent misrepresentation, every minute you wait gives the defendant a chance to hide what is rightfully yours.
Triangle Legal LLC is ready to act as your shield and your sword in the Singapore courts.
Would you like a confidential case assessment to see if a Mareva Injunction is the right strategy for your recovery?
📧 contact@trianglelegal.com.sg
📞 +65 9247 3935
