Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Leave to institute proceedings

Legal area

Court

21 May 2024

1. ) PETRONAS REFINERY AND PETROCHEMICAL CORPORATION SDN BHD 2. ) PETROLIAM NASIONAL BERHAD LIM JEN LIN @ LIM JEN LING

Citation

WA-24NCvC-3547-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-3547-08/2023 (Mahkamah Tinggi)

The Defendant was declared a vexatious litigant because she habitually and persistently instituted multiple proceedings arising from the same subject matter without reasonable cause, failed to comply with court directions and to file affidavits in reply (thereby admitting plaintiffs' assertions), and thereby abused the court process within the meaning of paragraph 17 Schedule to section 25(2) CJA; the originating summons was allowed and costs awarded to the Plaintiffs.
30 Nov 2020

MALAYAN BANKING BERHAD [COMPANY NO.: 3813-K] TAN BON KIAT [NRIC NO.: 480521-01-5685]

Citation

JA-24NCVC-388-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCVC-388-07/2020 (Mahkamah Tinggi)

Defendant was declared a vexatious litigant because he habitually and persistently instituted numerous meritless and repetitive applications and appeals relating to the Bankruptcy Order, consuming substantial judicial time and amounting to an abuse of process; paragraph 17 Schedule CJA applies (including to appeals and bankruptcy proceedings) and therefore the court may restrain further proceedings except by leave and order publication in the Gazette; accordingly the plaintiff's originating summons was allowed as amended and costs awarded.