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.