GASING HEIGHTS SDN BHD V ALOYAH ABD RAHMAN & ORS
- Citation
- GASING HEIGHTS SDN BHD V ALOYAH ABD RAHMAN & ORS
- Court
- Malaysian court
The statement of claim was struck out: the pleaded malicious prosecution claim was premature (original proceedings not finally determined); conspiracy allegations lacked the necessary particularity and failed to allege predominant purpose to injure or unlawful means; the filing of a collateral action alleging abuse of process (rather than raising the point within the original motion under O 18 r 19(1)) is itself an abuse; using remedies provided by law to protect legitimate interests is not abuse. Loss of future business profits was not an appropriate head of special damage to sustain the cla…