Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Limited immunity
  • 31 Dec 2024

    ONG BING HONG TAN BOON TWEE

    Citation
    MA-A52NCvC-33-09/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    MA-A52NCvC-33-09/2020 (Mahkamah Sesyen)

    On the balance of probabilities the plaintiff failed to prove the defendant committed actionable professional negligence; the material facts and issues had been previously determined by the High Court and Court of Appeal such that res judicata applies; the defendant's conduct in relation to the appeal was a permissible judgment call and attracts limited immunity for acts connected with litigation; the claim is not statute-barred but fails on merits; claim dismissed with costs.