Malaysia Case Law: Decisions & Judgments

Topic

Conspiracy (tort)

Legal area

Court

30 Oct 2025

SELVARAJAN A/L VEERIAH 1. ) BANGSAR AMAN MANAGEMENT CORPORATION 2. ) KARTHIGASU A/L K. RATNASINGAM 3. ) FOO JIA-HOU 4. ) ANG LING LING 5. ) ADRIAN HO TUCK DJI 6. ) RUBAN SATKUNA NATHAN 7. ) PLANET GARDENS SDN BHD 8. ) LIEW TZE HANN 9. ) ISA

Citation

WA-22NCvC-777-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-777-12/2024 (Mahkamah Tinggi)

The claim against the 7th and 8th Defendants was struck out because the pleadings contained no direct allegations against them, failed to plead the essential elements of conspiracy (agreement, overt acts and damage) with requisite particularity, the Plaintiff lacked locus to sue for maintenance/sinking fund matters which fall to the Management Corporation, and inclusion of the 7th and 8th Defendants constituted an abuse of court process.
14 Oct 2024

DATO SRI ANDREW KAM TAI YEOW 1. ) Tan Sri Dato Kam Woon Wah 2. ) Linda Kam Thai Eng 3. ) Edward Kam Tai Keong 4. ) Dennis Kam Thai Leong 5. ) Chew Tee Beng 6. ) Daniel Wong Chan Wai 7. ) Tai Swe Chong 8. ) Ng Pui Kuen 9. ) Berjaya Realty Se

Citation

WA-22NCC-103-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-103-02/2024 (Mahkamah Tinggi)

The plaintiff's claim was struck out because it constituted an impermissible collateral attack on prior High Court and Court of Appeal decisions and was caught by res judicata and issue estoppel; alternatively the claim was premature, amounted to multiplicity of proceedings and abuse of process, lacked locus standi and failed to plead conspiracy and fraud with requisite particularity; accordingly the defendants' strike out applications were allowed and the plaintiff's application for interim relief dismissed.
18 Oct 2023

ANJUNG HIJAU SDN BHD 1. ) ASSOCIATED BUILDERS & CONTRACTORS SDN BHD 2. ) ZON DESIGN REKABINA SDN BHD 3. ) AHMAD JAAFAR BIN AZIZUL RAHMAN

Citation

WA-22C-83-08/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-83-08/2017 (Mahkamah Tinggi)

On the evidence and legal principles the court found the plaintiff failed to prove non-compliance or impropriety: D1 submitted the requisite written notice within 28 days; ZNA's instructions were Relevant Events; D2 exercised fair and reasonable discretion under PAM 2006 when granting EOT1, EOT2 and EOT3; no evidence of conspiracy was adduced; plaintiff failed to prove loss for LAD and failed to particularise or produce supporting proof; D1 proved the unpaid certified balance. Therefore plaintiff's claims dismissed and D1's counterclaim succeeded for the specified balance with interest and co…
21 Feb 2023

Rajiswary A/P Nadarajah GURVINDER SINGH A/L JANGIR SINGH

Citation

BL-12B-8-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12B-8-07/2022 (Mahkamah Tinggi)

The appeal is dismissed because the High Court found no error in the Sessions Court's factual findings: on the balance of probabilities the respondent proved that D2 misrepresented ownership and that there was a conspiracy between D1 and D2 causing the respondent's loss; res judicata and estoppel did not apply because the MTSA proceedings were for recovery of the loan and did not involve or decide the fraud/conspiracy issues; the trial judge's credibility and demeanour findings are entitled to deference and the appellant did not come to court with clean hands.
13 Oct 2022

SILVERON BUILDERS SDN BHD 1. ) NEW CENTURY REALTY SDN BHD 2. ) AD TRAVEL SDN BHD 3. ) YHL PROPERTY SDN BHD 4. ) TCY JAYA SDN BHD

Citation

JA-22NCvC-71-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-71-06/2020 (Mahkamah Tinggi)

The SOC failed on its face to plead the essential elements of the tort of conspiracy against the 3rd and 4th Defendants (no cogent allegations of agreement, purpose to injure, participation or causative acts and damage); therefore the claims against the 3rd and 4th Defendants disclosed no reasonable cause of action and were plainly and obviously unsustainable and were struck out with costs.
6 May 2021

KOPERASI PERMODALAN FELDA MALAYSIA BERHAD 1. ) ICON CITY DEVELOPMENT SDN BHD 2. ) XXXX

Citation

W-02(NCvC)(W)-2606-12/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-2606-12/2018 (Mahkamah Rayuan)

The architect's letters did not satisfy Clause 13.1.1 because they did not state the architect's opinion that events were causes beyond the developer's control nor refer to the SPAs; delays caused by the main contractor and its restructuring were not beyond the developer's control; therefore the architect's letters were not valid extensions of time and the 1st Respondent was liable for LAD from 5.6.2015 to 30.12.2015. The conspiracy claim failed because issuing extensions in the course of contractual duty is not an unlawful overt act and the Appellant produced no credible evidence of agreemen…

Malaysia Case Law

SELVARAJAN A/L VEERIAH 1. ) BANGSAR AMAN MANAGEMENT CORPORATION 2. ) KARTHIGASU A/L K. RATNASINGAM 3. ) FOO JIA-HOU 4. ) ANG LING LING 5. ) ADRIAN HO TUCK DJI 6. ) RUBAN SATKUNA NATHAN 7. ) PLANET GARDENS SDN BHD 8. ) LIEW TZE HANN 9. ) ISA

DATO SRI ANDREW KAM TAI YEOW 1. ) Tan Sri Dato Kam Woon Wah 2. ) Linda Kam Thai Eng 3. ) Edward Kam Tai Keong 4. ) Dennis Kam Thai Leong 5. ) Chew Tee Beng 6. ) Daniel Wong Chan Wai 7. ) Tai Swe Chong 8. ) Ng Pui Kuen 9. ) Berjaya Realty Se

ANJUNG HIJAU SDN BHD 1. ) ASSOCIATED BUILDERS & CONTRACTORS SDN BHD 2. ) ZON DESIGN REKABINA SDN BHD 3. ) AHMAD JAAFAR BIN AZIZUL RAHMAN

Rajiswary A/P Nadarajah GURVINDER SINGH A/L JANGIR SINGH

SILVERON BUILDERS SDN BHD 1. ) NEW CENTURY REALTY SDN BHD 2. ) AD TRAVEL SDN BHD 3. ) YHL PROPERTY SDN BHD 4. ) TCY JAYA SDN BHD

KOPERASI PERMODALAN FELDA MALAYSIA BERHAD 1. ) ICON CITY DEVELOPMENT SDN BHD 2. ) XXXX