Malaysia Case Law: Decisions & Judgments

Topic

Damages at large

Legal area

Court

25 May 2022

1. ) LEING TI KANG 2. ) JOSEPH ANAK NANANG 3. ) CHOO KAY LIN LAU TIAN KIT

Citation

WA-22NCC-679-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-679-12/2019 (Mahkamah Tinggi)

On the balance of probabilities the Court found that Leing, Nexgram (NL), NHB and Mazru conspired by unlawful means and abused the court process to attempt to deprive Lau and Spacious Glory of their rights in SG and to frustrate Suit 291 Appeal; plaintiffs proved pecuniary loss and investigatory/legal expenses caused by the conspiracy and were entitled to damages at large, aggravated and exemplary damages and indemnity costs; claims against nominee defendants (Vasudevan, Razali, Joseph) were dismissed for lack of evidence of knowledge or concert.
25 May 2022

1. ) Wasudevan A/l Shridathan 2. ) Mohd Razali Bin Abdullah 3. ) Joseph Anak Nanang 4. ) Choo Kay Lin 5. ) Leing Ti Kang 6. ) Coconut Three Sdn Bhd 7. ) Nexgram Holdings Berhad 8. ) Mazru Bin Mat Yusof 1. ) Lau Tian Kit 2. ) Spacious Glory

Citation

WA-22NCC-210-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-210-04/2019 (Mahkamah Tinggi)

On the balance of probabilities the Court found that Leing together with Nexgram (NL), NHB and Mazru acted in concert to perpetrate fraudulent lodgements and to institute collateral litigation (Original Suit 210 and Suit 679) and supporting stay/intervener motions with the purpose of depriving Lau/Spacious Glory of the RM12.5m consideration and interfering with Suit 291; such conduct constituted abuse of process and conspiracy by unlawful means, making recoverable the pecuniary investigative and legal expenses as general damages (damages at large); aggravated and exemplary damages and indemni…
25 May 2022

1. ) Wasudevan A/l Shridathan 2. ) Mohd Razali Bin Abdullah 3. ) Joseph Anak Nanang 4. ) Choo Kay Lin 5. ) Leing Ti Kang 6. ) Coconut Three Sdn Bhd 7. ) Nexgram Holdings Berhad 8. ) Mazru Bin Mat Yusof 1. ) Lau Tian Kit 2. ) Spacious Glory

Citation

WA-22NCC-210-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-210-04/2019 (Mahkamah Tinggi)

On the balance of probabilities the Court found that Leing, Nexgram, NHB and Mazru acted in concert in a scheme using fraudulent lodgements and collateral litigation (Original Suit 210 and Suit 679) to interfere with and delay enforcement of SG's judgment and to wrest control of SG; those defendants were liable for abuse of process/interference and conspiracy by unlawful means. Damages (general, aggravated, exemplary) and indemnity costs were awarded to plaintiffs; claims against nominee defendants (Vasudevan, Razali, Joseph) were dismissed for lack of evidence and Suit 679 was dismissed with…

Malaysia Case Law

1. ) LEING TI KANG 2. ) JOSEPH ANAK NANANG 3. ) CHOO KAY LIN LAU TIAN KIT

1. ) Wasudevan A/l Shridathan 2. ) Mohd Razali Bin Abdullah 3. ) Joseph Anak Nanang 4. ) Choo Kay Lin 5. ) Leing Ti Kang 6. ) Coconut Three Sdn Bhd 7. ) Nexgram Holdings Berhad 8. ) Mazru Bin Mat Yusof 1. ) Lau Tian Kit 2. ) Spacious Glory

1. ) Wasudevan A/l Shridathan 2. ) Mohd Razali Bin Abdullah 3. ) Joseph Anak Nanang 4. ) Choo Kay Lin 5. ) Leing Ti Kang 6. ) Coconut Three Sdn Bhd 7. ) Nexgram Holdings Berhad 8. ) Mazru Bin Mat Yusof 1. ) Lau Tian Kit 2. ) Spacious Glory