Malaysia Case Law: Decisions & Judgments

Topic

Conspiracy tort

Legal area

Court

21 Jan 2022

AGESON BERHAD 1. ) DATO' FOO CHU JONG 2. ) FOO CHU PAK 3. ) MH MAJU HOLDINGS SDN BHD 4. ) FAB BUILDERS SDN BHD 5. ) RAPI MULIA SDN BHD 6. ) FATIMAH BINTI KAMALUDDIN 7. ) ZAIRUL HASNAN BIN MD ARIFFIN

Citation

WA-22NCC-116-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-116-03/2021 (Mahkamah Tinggi)

The plaintiff, a holding company, lacked locus standi because the alleged wrongs were committed against PMSB (a separate legal entity), PMSB had been wound up so derivative relief was unavailable and any recovery belongs to PMSB via its liquidator, and conspiracy allegations could not cure the lack of capacity; the claim was therefore obviously unsustainable and was struck out with costs.
16 Nov 2020

1. ISMAIL BIN NORDIN (No. K/P: 540617-08-5719) 2. MUSTAPHA @ MUSTAPA BIN MD NASIR (No. K/P: 500822-04-5282) 3. AHMAD SHAMSUDDIN BIN RAMLI (No. K/P: 670111-08-5151) 1. ZAILAN BIN MOHD DIAH (No. K/P: 610407-06-5091) 2. BISTAMAM BIN MOHD ZAINA

Citation

wa-22NCvC-173-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

wa-22NCvC-173-03/2020 (Mahkamah Tinggi)

The court struck out the plaintiffs' claim as obviously unsustainable: the present action arises from identical facts already admitted and resolved by consent in prior proceedings (issue and cause of action estoppel), the plaintiffs are bound by the cooperative's internal dispute resolution and statutory protections for bona fide board actions which negate a reasonable cause of action, and the conspiracy/abuse of process claims lacked the necessary specific particulars and overt acts so were frivolous and vexatious.
13 Jul 2020

1. ABDUL RAZAK BIN MOHD ARIS 2. YAP CHEE WEE 3. TAN SOON LEE (Suing as Plaintiffs and as representatives for all purchasers of the development project known as “City of Green”) 1. DATO’ LEE SU HA 2. BJ HOMES DEVELOPMENT SDN. BHD. (623575-W)

Citation

BA-22C-43-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-43-10/2019 (Mahkamah Tinggi)

The court refused to strike out the suit because the pleaded causes of action against multiple defendants disclosed triable issues and were not plain and obvious; discovery orders were granted where the plaintiffs satisfied the statutory conditions that the documents are in defendants' possession/custody/power and fall within categories in O 24 r 3(4) RC and are necessary for fair disposal or saving costs; claims to legal professional privilege were preserved for determination at trial and privileged documents were ordered to remain undisclosed pending the trial court's adjudication of privil…
16 Mar 2020

1. HENG SONG KHOON 2. RAKAN BERSATU SDN BHD 1. BHS INDUSTRIES BERHAD 2. BHS BOOK PRINTING SDN BHD 3. PUSTAKA SISTEM PELAJARAN SDN BHD 4. KOO THIAM YEN 5. KOO THIAM YOONG 6. DATO' LIM THIAM HUAT

Citation

WA-22NCVC-3-01/2016 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-3-01/2016 (Mahkamah Tinggi)

Clause 9 of the Term Sheet is void for uncertainty under s 30 Contracts Act 1950 and is severed; the remainder of the Term Sheet is enforceable; the 4th defendant held the disputed 7,296,800 shares on resulting trust for the plaintiffs/Harta Sistem and breached that trust and must account for profits; the termination of tenancy based on clause 9 was invalid; the 5th defendant is entitled to the agreed RM2,500,000 commission but not to set-off disputed shares without consent; the 6th defendant is entitled to RM293,118; conspiracy claim failed.

Malaysia Case Law

AGESON BERHAD 1. ) DATO' FOO CHU JONG 2. ) FOO CHU PAK 3. ) MH MAJU HOLDINGS SDN BHD 4. ) FAB BUILDERS SDN BHD 5. ) RAPI MULIA SDN BHD 6. ) FATIMAH BINTI KAMALUDDIN 7. ) ZAIRUL HASNAN BIN MD ARIFFIN

1. ISMAIL BIN NORDIN (No. K/P: 540617-08-5719) 2. MUSTAPHA @ MUSTAPA BIN MD NASIR (No. K/P: 500822-04-5282) 3. AHMAD SHAMSUDDIN BIN RAMLI (No. K/P: 670111-08-5151) 1. ZAILAN BIN MOHD DIAH (No. K/P: 610407-06-5091) 2. BISTAMAM BIN MOHD ZAINA

1. ABDUL RAZAK BIN MOHD ARIS 2. YAP CHEE WEE 3. TAN SOON LEE (Suing as Plaintiffs and as representatives for all purchasers of the development project known as “City of Green”) 1. DATO’ LEE SU HA 2. BJ HOMES DEVELOPMENT SDN. BHD. (623575-W)

1. HENG SONG KHOON 2. RAKAN BERSATU SDN BHD 1. BHS INDUSTRIES BERHAD 2. BHS BOOK PRINTING SDN BHD 3. PUSTAKA SISTEM PELAJARAN SDN BHD 4. KOO THIAM YEN 5. KOO THIAM YOONG 6. DATO' LIM THIAM HUAT