1. ) HAJI AHMAD KAMAL BIN ZAKARIA 2. ) AZRI BIN IBRAHIM 3. ) AZRINA MOHAMAD AZIZ 4. ) SHARUL AZMAN BIN EHSAN AHMAD 5. ) BUNGA RAYA ICT SDN. BHD. 6. ) URBAN DOMAIN SDN. BHD. PERAK INTEGRATED NETWORK SERVICES SDN. BHD.

1. ) HAJI AHMAD KAMAL BIN ZAKARIA 2. ) AZRI BIN IBRAHIM 3. ) AZRINA MOHAMAD AZIZ 4. ) SHARUL AZMAN BIN EHSAN AHMAD 5. ) BUNGA RAYA ICT SDN. BHD. 6. ) URBAN DOMAIN SDN. BHD. PERAK INTEGRATED NETWORK SERVICES SDN. BHD.

On the evidence and the earlier High Court GOJ, the court found Suit No.154 was initiated for a collateral purpose (to neutralize adverse outcome in Suit No.1041 and as retaliation), the plaintiffs suffered quantifiable pecuniary loss (legal fees RM1,295,056) and non‑pecuniary loss; defendant's witnesses abandoned pleaded case and defendant elected not to give evidence, permitting an adverse inference under s114(g) Evidence Act; therefore all elements of the tort of abuse of process were established and plaintiffs are entitled to compensatory and general damages plus interest and costs.

Citation
BA-23NCvC-42-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff (1st): Haji Ahmad Kamal bin Zakaria; Plaintiff (2nd) (withdrawn): Azri bin Ibrahim; Plaintiff (3rd): Azrina Mohamad Aziz; Plaintiff (4th) (withdrawn): Shahrul Azman bin Ehsan Ahmad; Plaintiff (5th): Bunga Raya ICT Sdn. Bhd.; Plaintiff (6th): Urban Domain Sdn. Bhd.; Defendant: Perak Integrated Network Services Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 November 2021
Case Number
BA-23NCvC-42-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Tort — Abuse of Process (abuse of Court Process) / Final Judgment After Full Trial (grounds of Judgment)
Outcome
Claim allowed in favour of Plaintiffs; Defendant liable for tort of abuse of court process
Legal Topics
Abuse of Process, Collateral Purpose/oblique Motive, Damages (compensatory, Exemplary, Aggravated), No Case to Answer, Adverse Inference, Res Judicata/estoppel
Source Language
Malay/English
Civil Procedure Tort Evidence Appeal Abuse of Process Collateral Purpose/oblique Motive Damages (compensatory, Exemplary, Aggravated) No Case to Answer +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Haji Ahmad Kamal bin Zakaria

Plaintiff (1st)

Azri bin Ibrahim

Plaintiff (2nd) (withdrawn)

Azrina Mohamad Aziz

Plaintiff (3rd)

Shahrul Azman bin Ehsan Ahmad

Plaintiff (4th) (withdrawn)

Bunga Raya ICT Sdn. Bhd.

Plaintiff (5th)

Urban Domain Sdn. Bhd.

Plaintiff (6th)

Perak Integrated Network Services Sdn. Bhd.

Defendant

Procedural Posture

Civil Tort — Abuse of Process (abuse of Court Process) / Final Judgment After Full Trial (grounds of Judgment)

Legal Issues

  1. 1 Whether Suit No.154 constituted the tort of abuse of court process (i.e. initiated for a collateral purpose)
  2. 2 Whether the Plaintiffs proved damage as a consequence of that tort including non‑pecuniary loss
  3. 3 Whether findings in the earlier judgment (GOJ) and witness admissions suffice to establish collateral purpose

Ratio Decidendi

On the evidence and the earlier High Court GOJ, the court found Suit No.154 was initiated for a collateral purpose (to neutralize adverse outcome in Suit No.1041 and as retaliation), the plaintiffs suffered quantifiable pecuniary loss (legal fees RM1,295,056) and non‑pecuniary loss; defendant's witnesses abandoned pleaded case and defendant elected not to give evidence, permitting an adverse inference under s114(g) Evidence Act; therefore all elements of the tort of abuse of process were established and plaintiffs are entitled to compensatory and general damages plus interest and costs.

Court Disposition

Claim allowed in favour of Plaintiffs; Defendant liable for tort of abuse of court process

Orders

  • Defendant to pay Plaintiffs' legal fees and expenses in defending Suit No.154 in the sum of RM1,295,056.00
  • General damages awarded: RM100,000 to Haji Ahmad Kamal bin Zakaria (1st Plaintiff)