1. ) Wasudevan A/l Shridathan 2. ) Mohd Razali Bin Abdullah 3. ) Joseph Anak Nanang 4. ) Choo Kay Lin 5. ) Leing Ti Kang 6. ) Coconut Three Sdn Bhd 7. ) Nexgram Holdings Berhad 8. ) Mazru Bin Mat Yusof 1. ) Lau Tian Kit 2. ) Spacious Glory

1. ) Wasudevan A/l Shridathan 2. ) Mohd Razali Bin Abdullah 3. ) Joseph Anak Nanang 4. ) Choo Kay Lin 5. ) Leing Ti Kang 6. ) Coconut Three Sdn Bhd 7. ) Nexgram Holdings Berhad 8. ) Mazru Bin Mat Yusof 1. ) Lau Tian Kit 2. ) Spacious Glory

On the balance of probabilities the Court found that Leing, Nexgram, NHB and Mazru acted in concert in a scheme using fraudulent lodgements and collateral litigation (Original Suit 210 and Suit 679) to interfere with and delay enforcement of SG's judgment and to wrest control of SG; those defendants were liable for abuse of process/interference and conspiracy by unlawful means. Damages (general, aggravated, exemplary) and indemnity costs were awarded to plaintiffs; claims against nominee defendants (Vasudevan, Razali, Joseph) were dismissed for lack of evidence and Suit 679 was dismissed with costs.

Citation
WA-22NCC-210-04/2019 (Mahkamah Tinggi)
Parties
Defendant (counterclaim); Plaintiff (original Suit): Leing Ti Kang; Plaintiff (counterclaim): Lau Tian Kit; Plaintiff (counterclaim): Spacious Glory Sdn. Bhd.; Defendant (counterclaim): Coconut Three Sdn. Bhd.; Defendant (counterclaim): Nexgram Holdings Berhad; Defendant (counterclaim): Mazru bin Mat Yusof; Defendant (counterclaim): Vasudevan a/l Shridathan; Defendant (counterclaim): Mohd Razali bin Abdullah; Defendant (counterclaim): Joseph Anak Nanang; Defendant (counterclaim): Choo Chee Chong (Administrator of the Estate of Choo Kay Lin)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 May 2022
Case Number
WA-22NCC-210-04/2019 (Mahkamah Tinggi)
Procedural Posture
Commercial Dispute (counterclaim and Related Civil Suits) / Judgment (grounds of Judgment)
Outcome
Counterclaim allowed against 1st-4th Defendants (Leing, Coconut Three/Nexgram, Nexgram Holdings, Mazru) in part; claims against 5th-7th Defendants dismissed; Suit 679 dismissed.
Legal Topics
Abuse of Process, Conspiracy by Unlawful Means, Damages at Large, Aggravated Damages, Exemplary/punitive Damages, Costs, Res Judicata/estoppel, Interference With Judicial Process, Fraud
Source Language
Malay/English
Tort Company Law Civil Procedure Abuse of Process Conspiracy by Unlawful Means Damages at Large Aggravated Damages Exemplary/punitive Damages +4 more

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Parties

Leing Ti Kang

Defendant (counterclaim); Plaintiff (original Suit)

Lau Tian Kit

Plaintiff (counterclaim)

Spacious Glory Sdn. Bhd.

Plaintiff (counterclaim)

Coconut Three Sdn. Bhd.

Defendant (counterclaim)

Nexgram Holdings Berhad

Defendant (counterclaim)

Mazru bin Mat Yusof

Defendant (counterclaim)

Vasudevan a/l Shridathan

Defendant (counterclaim)

Mohd Razali bin Abdullah

Defendant (counterclaim)

Joseph Anak Nanang

Defendant (counterclaim)

Choo Chee Chong (Administrator of the Estate of Choo Kay Lin)

Defendant (counterclaim)

Procedural Posture

Commercial Dispute (counterclaim and Related Civil Suits) / Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether the Original Suit 210 and Suit 679 constituted an abuse of court process/interference with the judicial process
  2. 2 Whether the defendants conspired by unlawful means to deprive plaintiffs of rights and to delay enforcement of judgment
  3. 3 Whether legal costs and investigatory expenses are recoverable as damages in conspiracy/abuse of process claims

Ratio Decidendi

On the balance of probabilities the Court found that Leing, Nexgram, NHB and Mazru acted in concert in a scheme using fraudulent lodgements and collateral litigation (Original Suit 210 and Suit 679) to interfere with and delay enforcement of SG's judgment and to wrest control of SG; those defendants were liable for abuse of process/interference and conspiracy by unlawful means. Damages (general, aggravated, exemplary) and indemnity costs were awarded to plaintiffs; claims against nominee defendants (Vasudevan, Razali, Joseph) were dismissed for lack of evidence and Suit 679 was dismissed with costs.

Court Disposition

Counterclaim allowed against 1st-4th Defendants (Leing, Coconut Three/Nexgram, Nexgram Holdings, Mazru) in part; claims against 5th-7th Defendants dismissed; Suit 679 dismissed.

Orders

  • 1st, 2nd, 3rd and 4th Defendants jointly and severally to pay RM150,000.00 as general damages to the Plaintiffs
  • 1st, 2nd, 3rd and 4th Defendants jointly and severally to pay RM200,000.00 as aggravated damages to the Plaintiffs