14 Jun 2022
ONG YEW TEIK 1. ) KAMAL Y.P. TAN 2. ) NG WAI PIN 3. ) MICHAEL GUNALAN BENEDICT 4. ) WONG YOKE YEN 5. ) WONG FOOK LIN 6. ) YEE TECK FAH
- Citation
- WA-22NCvC-460-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-460-06/2021 (Mahkamah Tinggi)
Claims grounded on alleged perjury, fabricated evidence and abuse of process are barred by res judicata/Henderson v Henderson because they arise from the same factual matrix and should have been raised in the earlier 1333 suit; malicious prosecution claim is not a valid cause of action in the present civil context under Malaysian law; witness immunity protects defendants for evidence given in prior proceedings; accordingly the court struck out the plaintiff's claims against the 1st, 2nd, 3rd, 4th and 5th defendants while allowing the pleaded conspiracy claim to stand.