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 together with Nexgram (NL), NHB and Mazru acted in concert to perpetrate fraudulent lodgements and to institute collateral litigation (Original Suit 210 and Suit 679) and supporting stay/intervener motions with the purpose of depriving Lau/Spacious Glory of the RM12.5m consideration and interfering with Suit 291; such conduct constituted abuse of process and conspiracy by unlawful means, making recoverable the pecuniary investigative and legal expenses as general damages (damages at large); aggravated and exemplary damages and indemnity costs were justified by the defendants' conduct; claims against nominee directors/nominee...

Citation
WA-22NCC-210-04/2019 (Mahkamah Tinggi)
Parties
Plaintiff (original Suit 210); Defendant (counterclaim): Leing Ti Kang; Plaintiff (counterclaim); Defendant (original Suit 210): Lau Tian Kit; Plaintiff (counterclaim): Spacious Glory Sdn. Bhd.; Defendant (counterclaim): Coconut Three Sdn. Bhd. (formerly Nexgram Land); Defendant (counterclaim): Nexgram Holdings Berhad; Defendant (counterclaim); Executive Director / CFO (nexgram): Mazru bin Mat Yusof; Defendant (alleged Nominee Director): Vasudevan a/l Shridathan; Defendant (alleged Nominee Director): Mohd Razali bin Abdullah; Defendant (alleged Nominee Shareholder); Plaintiff (suit 679): Joseph Anak Nanang; Defendant (administrator of Estate): Choo Chee Chong (Administrator of estate of late 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 Division — Multi‑party Civil Suits (counterclaim, Related Appeals and Interlocutory Motions) / Judgment (grounds of Judgment Delivered 25 May 2022)
Outcome
Counterclaim by Lau and Spacious Glory allowed in part against Leing, Coconut Three (Nexgram Land), Nexgram Holdings Berhad and Mazru; conspiracy and abuse of process established; Suit 679 dismissed; claims against Vasudevan, Razali and Joseph dismissed (no order as to costs).
Legal Topics
Abuse of Court Process, Interference With Judicial Process, Conspiracy by Unlawful Means, Fraudulent Share Transfers, Damages at Large, Aggravated Damages, Exemplary/punitive Damages, Indemnity Costs, Stay of Proceedings, Locus Standi
Source Language
Malay/English
Tort Company Law Civil Procedure Evidence Abuse of Court Process Interference With Judicial Process Conspiracy by Unlawful Means Fraudulent Share Transfers +6 more

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Parties

Leing Ti Kang

Plaintiff (original Suit 210); Defendant (counterclaim)

Lau Tian Kit

Plaintiff (counterclaim); Defendant (original Suit 210)

Spacious Glory Sdn. Bhd.

Plaintiff (counterclaim)

Coconut Three Sdn. Bhd. (formerly Nexgram Land)

Defendant (counterclaim)

Nexgram Holdings Berhad

Defendant (counterclaim)

Mazru bin Mat Yusof

Defendant (counterclaim); Executive Director / CFO (nexgram)

Vasudevan a/l Shridathan

Defendant (alleged Nominee Director)

Mohd Razali bin Abdullah

Defendant (alleged Nominee Director)

Joseph Anak Nanang

Defendant (alleged Nominee Shareholder); Plaintiff (suit 679)

Choo Chee Chong (Administrator of estate of late Choo Kay Lin)

Defendant (administrator of Estate)

Procedural Posture

Commercial Division — Multi‑party Civil Suits (counterclaim, Related Appeals and Interlocutory Motions) / Judgment (grounds of Judgment Delivered 25 May 2022)

Legal Issues

  1. 1 Whether the filing of Original Suit 210 and Suit 679 and related lodgements constituted an abuse of court process/interference with the judicial process
  2. 2 Whether defendants (Leing, NL/NHB, Mazru) conspired by unlawful means to injure Lau and Spacious Glory
  3. 3 Whether legal and investigative costs occasioned by the conspiracy are recoverable as damages (damages at large)

Ratio Decidendi

On the balance of probabilities the Court found that Leing together with Nexgram (NL), NHB and Mazru acted in concert to perpetrate fraudulent lodgements and to institute collateral litigation (Original Suit 210 and Suit 679) and supporting stay/intervener motions with the purpose of depriving Lau/Spacious Glory of the RM12.5m consideration and interfering with Suit 291; such conduct constituted abuse of process and conspiracy by unlawful means, making recoverable the pecuniary investigative and legal expenses as general damages (damages at large); aggravated and exemplary damages and indemnity costs were justified by the defendants' conduct; claims against nominee directors/nominee...

Court Disposition

Counterclaim by Lau and Spacious Glory allowed in part against Leing, Coconut Three (Nexgram Land), Nexgram Holdings Berhad and Mazru; conspiracy and abuse of process established; Suit 679 dismissed; claims against Vasudevan, Razali and Joseph dismissed (no order as to costs).

Orders

  • 1st, 2nd, 3rd and 4th Defendants (Coconut Three/Nexgram/Mazru/Leing) jointly and severally to pay RM150,000.00 as general damages to Plaintiffs
  • 1st, 2nd, 3rd and 4th Defendants jointly and severally to pay RM200,000.00 as aggravated damages to Plaintiffs