Malaysia Case Law: Decisions & Judgments

Topic

Collateral abuse of process

Legal area

Court

29 Jan 2026

MURUGAPPAN TAMIL SELVI MOGANA A/P SIVARAMAN PIHAK TERKILAN M. R Alagu Ganeshan A/l Murugappan

Citation

BA-22NCvC-344-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-344-09/2021 (Mahkamah Tinggi)

On the balance of probabilities the RM1,200,000 was a short-term conditional loan (not a gift) repayable to the Plaintiff once the housing loan was approved or no longer required, based on contemporaneous documents (FD advices and bank entries marked "for loan purposes"), the stepwise structure of deposits, the Defendant's admissions, and an adverse inference under Evidence Act s114 for failure to produce savings account statements; accordingly the Plaintiff's claim succeeded for RM900,000 and the Defendant's counterclaim was dismissed for failing the face-value and reliability limbs of the n…
7 Sept 2023

1. ) Ryan Koh Yue Loong @ Koh Teck Loong 2. ) Tan Guat Lian 1. ) Koh Shing Yee 2. ) Cheong Ali Sin PIHAK KETIGA KOH CHING KEW

Citation

WA-22NCvC-649-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-649-09/2019 (Mahkamah Tinggi)

Plaintiffs and intervener failed to discharge their evidential burden to prove paternity or validity of the alleged customary marriages; unregistered customary marriage in Singapore is void and cannot confer succession rights; the official Singapore birth extract naming another as father remained unrebutted absent a rectified foreign certificate or reciprocal enforcement of the Kuala Lumpur order; edited digital recordings were inadmissible for lack of original and authentication; accordingly defendants (D1 and D2) as lawful registered wife and legitimate child prevail, D1 granted Letters of…
27 Sept 2022

1. ) Conweld Engineering Sdn Bhd 2. ) Low Terk Chen 3. ) Low Man Fook 1. ) Goh Swee Boh @ Goh Cheng Kin 2. ) Goh Tze Chien

Citation

W-02(NCC)(W)-849-05/2019 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(W)-849-05/2019 (Mahkamah Rayuan)

The Court of Appeal held that Malaysian law continues to recognise the tort of collateral abuse of process as a distinct cause of action and restated its elements (initiation, predominant collateral purpose, and damages). However, on the facts the plaintiffs failed to prove the requisite damage and the second and third plaintiffs lacked locus standi to sue for the tort because they were not parties to the winding-up petition; therefore the plaintiffs' claims failed and the appeal and cross-appeal were dismissed.

Malaysia Case Law

MURUGAPPAN TAMIL SELVI MOGANA A/P SIVARAMAN PIHAK TERKILAN M. R Alagu Ganeshan A/l Murugappan

1. ) Ryan Koh Yue Loong @ Koh Teck Loong 2. ) Tan Guat Lian 1. ) Koh Shing Yee 2. ) Cheong Ali Sin PIHAK KETIGA KOH CHING KEW

1. ) Conweld Engineering Sdn Bhd 2. ) Low Terk Chen 3. ) Low Man Fook 1. ) Goh Swee Boh @ Goh Cheng Kin 2. ) Goh Tze Chien