1. GAN CHON TAT (No. K/P: 590916-03-5397) 2. AONG CHAI NGAA (No. K/P: 370302-03-5072) Pentadbir besama harta Pesaka Gan Soon Cheow (No. K/P: 1510525), Simati 1. GAN JIN SIM @ GAN GIM SIM (No. K/P: 320605-03-5058 / 3756622) 2. GAN JIN SIM @

1. GAN CHON TAT (No. K/P: 590916-03-5397) 2. AONG CHAI NGAA (No. K/P: 370302-03-5072) Pentadbir besama harta Pesaka Gan Soon Cheow (No. K/P: 1510525), Simati 1. GAN JIN SIM @ GAN GIM SIM (No. K/P: 320605-03-5058 / 3756622) 2. GAN JIN SIM @

Plaintiffs were held to have abused the court process; assessment was validly conducted by affidavit given plaintiffs’ agreement and case management powers; defendants proved loss and entitlement to damages for abuse of process, and awards were made: general damages RM50,000 each, special damages (legal fees) RM142,878 split equally (RM71,439 each), aggravated damages RM50,000 each, exemplary damages RM50,000 each; costs of this application RM20,000 subject to taxation.

Citation
DA-22NCvC-28-06/2018 (Mahkamah Tinggi)
Parties
Plaintiff 1: GAN CHON TAT; Plaintiff 2: AONG CHAI NGAA; Defendant 1: GAN JIN SIM @ GAN GIM SIM; Defendant 2: GAN JIN SIM @ GAN GIM SIM (Pentadbir Harta Pesaka Gan Lai Kim)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 January 2022
Case Number
DA-22NCvC-28-06/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (guaman Sivil) / Assessment of Damages Post Judgment (taksiran Ganti Rugi)
Outcome
Assessment allowed; judgment for Defendants on damages for abuse of process with specific monetary awards and costs order
Legal Topics
Abuse of Process, Assessment of Damages, Aggravated Damages, Exemplary Damages, Costs, Vexatious Litigant, Use of Affidavit Evidence in Assessment
Source Language
Malay/English
Tort Civil Procedure Probate/estate Administration Abuse of Process Assessment of Damages Aggravated Damages Exemplary Damages Costs +2 more

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Parties

GAN CHON TAT

Plaintiff 1

AONG CHAI NGAA

Plaintiff 2

GAN JIN SIM @ GAN GIM SIM

Defendant 1

GAN JIN SIM @ GAN GIM SIM (Pentadbir Harta Pesaka Gan Lai Kim)

Defendant 2

Procedural Posture

Civil Suit (guaman Sivil) / Assessment of Damages Post Judgment (taksiran Ganti Rugi)

Legal Issues

  1. 1 Whether the plaintiffs abused the process of the court (vexatious litigant) and are liable in damages
  2. 2 Whether assessment of damages may proceed by affidavit evidence rather than oral testimony
  3. 3 Quantum and heads of damages recoverable for abuse of process (general, special/legal costs, aggravated, exemplary)

Ratio Decidendi

Plaintiffs were held to have abused the court process; assessment was validly conducted by affidavit given plaintiffs’ agreement and case management powers; defendants proved loss and entitlement to damages for abuse of process, and awards were made: general damages RM50,000 each, special damages (legal fees) RM142,878 split equally (RM71,439 each), aggravated damages RM50,000 each, exemplary damages RM50,000 each; costs of this application RM20,000 subject to taxation.

Court Disposition

Assessment allowed; judgment for Defendants on damages for abuse of process with specific monetary awards and costs order

Orders

  • Plaintiffs shall pay Defendant 1 general damages of RM50,000.00
  • Plaintiffs shall pay Defendant 2 general damages of RM50,000.00