XXXX 1. ) JERBIE TIMTIM ACASIO 2. ) JUNIORSTATION SDN BHD

XXXX 1. ) JERBIE TIMTIM ACASIO 2. ) JUNIORSTATION SDN BHD

The court struck out the civil claim because the alleged torts were the subject of ongoing criminal proceedings and the civil action amounted to a collateral attack; the plaintiff failed to plead a reasonable cause of action at this stage and the medical reports described the allegation as 'alleged sodomy' which must be conclusively determined in the criminal court before civil relief is entertained.

Citation
WA-22NCvC-274-05/2022 (Mahkamah Tinggi)
Parties
Plaintiff / Perayu: Caspian Yip (by father Yip Sai Peng); 1st Defendant / Respondent: Jerbie Tim-Tim Acasio; 2nd Defendant / Respondent: Juniorstation Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 December 2022
Case Number
WA-22NCvC-274-05/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Tort (assault and Battery) / Interlocutory Strike Out Application Under Order 18 Rule 19 at the High Court; Judgment Allowing the Application
Outcome
Defendants' strike out application allowed; plaintiff's claim against 1st and 2nd defendants struck out
Legal Topics
Assault, Battery, Vicarious Liability, Abuse of Process, Collateral Attack on Criminal Proceedings, Strike Out (order 18 Rule 19), Malicious Prosecution
Source Language
Malay/English
Tort Civil Procedure Criminal Law Child Protection Assault Battery Vicarious Liability Abuse of Process +3 more

Case Brief

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Parties

Caspian Yip (by father Yip Sai Peng)

Plaintiff / Perayu

Jerbie Tim-Tim Acasio

1st Defendant / Respondent

Juniorstation Sdn Bhd

2nd Defendant / Respondent

Procedural Posture

Civil Tort (assault and Battery) / Interlocutory Strike Out Application Under Order 18 Rule 19 at the High Court; Judgment Allowing the Application

Legal Issues

  1. 1 Whether the civil claim discloses a reasonable cause of action against the 1st and 2nd defendants
  2. 2 Whether the civil proceedings amount to an abuse of process or collateral attack on pending criminal proceedings
  3. 3 Whether the 1st defendant's duties placed him within scope for vicarious liability of the 2nd defendant

Ratio Decidendi

The court struck out the civil claim because the alleged torts were the subject of ongoing criminal proceedings and the civil action amounted to a collateral attack; the plaintiff failed to plead a reasonable cause of action at this stage and the medical reports described the allegation as 'alleged sodomy' which must be conclusively determined in the criminal court before civil relief is entertained.

Court Disposition

Defendants' strike out application allowed; plaintiff's claim against 1st and 2nd defendants struck out

Orders

  • Statement of claim and writ against the 1st and 2nd defendants struck out/dismissed at this stage
  • Costs awarded to the defendants