1. ) LEING TI KANG 2. ) JOSEPH ANAK NANANG 3. ) CHOO KAY LIN LAU TIAN KIT

1. ) LEING TI KANG 2. ) JOSEPH ANAK NANANG 3. ) CHOO KAY LIN LAU TIAN KIT

On the balance of probabilities the Court found that Leing, Nexgram (NL), NHB and Mazru conspired by unlawful means and abused the court process to attempt to deprive Lau and Spacious Glory of their rights in SG and to frustrate Suit 291 Appeal; plaintiffs proved pecuniary loss and investigatory/legal expenses caused by the conspiracy and were entitled to damages at large, aggravated and exemplary damages and indemnity costs; claims against nominee defendants (Vasudevan, Razali, Joseph) were dismissed for lack of evidence of knowledge or concert.

Citation
WA-22NCC-679-12/2019 (Mahkamah Tinggi)
Parties
Plaintiff (suit WA 22 NCC 679 12/2019; Plaintiff in Original Suit 210; 4th Defendant in Counterclaim): Leing Ti Kang; Defendant (in Suit 679); Plaintiff in Counterclaim: Lau Tian Kit; Plaintiff (counterclaim): Spacious Glory Sdn. Bhd.; 1st Defendant (counterclaim): Coconut Three Sdn. Bhd.; 2nd Defendant (counterclaim): Nexgram Holdings Berhad; 3rd Defendant (counterclaim): Mazru bin Mat Yusof; 5th Defendant (counterclaim): Vasudevan a/l Shridathan; 6th Defendant (counterclaim): Mohd Razali bin Abdullah; 7th Defendant (counterclaim): Joseph Anak Nanang; 8th Defendant (counterclaim) / Substituted Party: Choo Kay Lin (deceased) / Choo Chee Chong (Administrator)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 May 2022
Case Number
WA-22NCC-679-12/2019 (Mahkamah Tinggi)
Procedural Posture
Commercial Civil Litigation Involving Counterclaim, Company Disputes and Appeals / Final Judgment (grounds of Judgment) Following Trial
Outcome
Counterclaim allowed in part; liability established against Leing, Nexgram (NL), NHB and Mazru; claims against Vasudevan, Razali and Joseph dismissed; Suit 679 dismissed.
Legal Topics
Abuse of Court Process, Conspiracy by Unlawful Means, Damages at Large, Exemplary and Aggravated Damages, Recoverability of Legal Costs as Damages, Adverse Inference Under Evidence Act
Source Language
Malay/English
Tort Company Law Civil Procedure Evidence Law Abuse of Court Process Conspiracy by Unlawful Means Damages at Large Exemplary and Aggravated Damages +2 more

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Parties

Leing Ti Kang

Plaintiff (suit WA 22 NCC 679 12/2019; Plaintiff in Original Suit 210; 4th Defendant in Counterclaim)

Lau Tian Kit

Defendant (in Suit 679); Plaintiff in Counterclaim

Spacious Glory Sdn. Bhd.

Plaintiff (counterclaim)

Coconut Three Sdn. Bhd.

1st Defendant (counterclaim)

Nexgram Holdings Berhad

2nd Defendant (counterclaim)

Mazru bin Mat Yusof

3rd Defendant (counterclaim)

Vasudevan a/l Shridathan

5th Defendant (counterclaim)

Mohd Razali bin Abdullah

6th Defendant (counterclaim)

Joseph Anak Nanang

7th Defendant (counterclaim)

Choo Kay Lin (deceased) / Choo Chee Chong (Administrator)

8th Defendant (counterclaim) / Substituted Party

Procedural Posture

Commercial Civil Litigation Involving Counterclaim, Company Disputes and Appeals / Final Judgment (grounds of Judgment) Following Trial

Legal Issues

  1. 1 Whether the Original Suit 210 and Suit 679 and associated lodgements constituted an abuse of court process/interference with judicial process
  2. 2 Whether the defendants conspired by unlawful means to deprive plaintiffs of rights in Spacious Glory and to frustrate Suit 291 Appeal
  3. 3 Whether legal costs and investigatory expenses occasioned by the conspiracy are recoverable as damages

Ratio Decidendi

On the balance of probabilities the Court found that Leing, Nexgram (NL), NHB and Mazru conspired by unlawful means and abused the court process to attempt to deprive Lau and Spacious Glory of their rights in SG and to frustrate Suit 291 Appeal; plaintiffs proved pecuniary loss and investigatory/legal expenses caused by the conspiracy and were entitled to damages at large, aggravated and exemplary damages and indemnity costs; claims against nominee defendants (Vasudevan, Razali, Joseph) were dismissed for lack of evidence of knowledge or concert.

Court Disposition

Counterclaim allowed in part; liability established against Leing, Nexgram (NL), NHB and Mazru; claims against Vasudevan, Razali and Joseph dismissed; Suit 679 dismissed.

Orders

  • 1st, 2nd, 3rd and 4th Defendants (Nexgram/NHB/Mazru/Leing) jointly and severally to pay RM150000.00 as general damages to the Plaintiffs
  • 1st, 2nd, 3rd and 4th Defendants jointly and severally to pay RM200000.00 as aggravated damages to the Plaintiff Lau Tian Kit