SYMPHONY LIFE BERHAD 1. ) NG YING YIING 2. ) GOH HOCK CHOY 3. ) DOA HUAT HOLDINGS SDN BHD 4. ) ERNST & YOUNG CONSULTING SDN.BHD. 5. ) Brian Wong Wye Pong

SYMPHONY LIFE BERHAD 1. ) NG YING YIING 2. ) GOH HOCK CHOY 3. ) DOA HUAT HOLDINGS SDN BHD 4. ) ERNST & YOUNG CONSULTING SDN.BHD. 5. ) Brian Wong Wye Pong

The counterclaim was struck out because, on the pleadings and evidentiary record, Ernst & Young Consulting Sdn Bhd owed no duty of care to Ng Ying Yiing (no proximity, no assumed responsibility, no pleaded reliance), there was no causal link between the report and her dismissal, and the claim was therefore obviously...

Source-derived case information.

Citation
BA-22NCvC-36-01/2022 (Mahkamah Tinggi)
Parties
Plaintiff (original Action): Symphony Life Berhad; Defendant (original Action); Counterclaimant: Ng Ying Yiing; Defendant (original Action): Goh Hock Choy; Defendant (original Action): Doa Huat Holdings Sdn Bhd; Defendant (in Counterclaim): Chin Jit Pyng; Third Defendant (in Counterclaim) / Applicant in Striking Out Application: Ernst & Young Consulting Sdn Bhd; Defendant (in Counterclaim, Discontinued): Brian Wong Wye Pong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2023
Case Number
BA-22NCvC-36-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Counterclaim and Interlocutory Striking Out Application / Interlocutory: Application Under Order 18 R.19 ROC to Strike Out Counterclaim Decided
Outcome
Application allowed; counterclaim struck out
Legal Topics
Strike Out Under O.18 R.19 ROC, Duty of Care, Proximity, Reliance, Causation, Wrongful Dismissal
Civil Procedure Tort — Negligence Employment Law Professional Negligence Strike Out Under O.18 R.19 ROC Duty of Care Proximity Reliance +2 more

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Parties

Symphony Life Berhad

Plaintiff (original Action)

Ng Ying Yiing

Defendant (original Action); Counterclaimant

Goh Hock Choy

Defendant (original Action)

Doa Huat Holdings Sdn Bhd

Defendant (original Action)

Chin Jit Pyng

Defendant (in Counterclaim)

Ernst & Young Consulting Sdn Bhd

Third Defendant (in Counterclaim) / Applicant in Striking Out Application

Brian Wong Wye Pong

Defendant (in Counterclaim, Discontinued)

Procedural Posture

Civil Counterclaim and Interlocutory Striking Out Application / Interlocutory: Application Under Order 18 R.19 ROC to Strike Out Counterclaim Decided

Legal Issues

  1. 1 Whether Ernst & Young Consulting Sdn Bhd owed a duty of care to Ng Ying Yiing
  2. 2 Whether the counterclaim disclosed a reasonable cause of action or was frivolous, vexatious, scandalous or an abuse of process
  3. 3 Whether any alleged breach by Ernst & Young caused the dismissal or loss to Ng Ying Yiing

Ratio Decidendi

The counterclaim was struck out because, on the pleadings and evidentiary record, Ernst & Young Consulting Sdn Bhd owed no duty of care to Ng Ying Yiing (no proximity, no assumed responsibility, no pleaded reliance), there was no causal link between the report and her dismissal, and the claim was therefore obviously unsustainable under O.18 r.19 ROC.

Court Disposition

Application allowed; counterclaim struck out

Orders

  • Counterclaim of Ng Ying Yiing against Ernst & Young Consulting Sdn Bhd struck out pursuant to Order 18 r.19 ROC
  • Costs awarded to Ernst & Young Consulting Sdn Bhd