Malaysia Case Law: Decisions & Judgments

Topic

Vexatious litigation

Legal area

Court

19 Dec 2025

1. ) THURAISINGAM A/L PITCHAY MARIE 2. ) PUSPOM A/P PITCHAY MARIE CHEAH EWE HUAT

Citation

PA-11BNCvC-5-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

PA-11BNCvC-5-07/2025 (Mahkamah Tinggi)

The High Court affirmed the Magistrate: the plaintiff, as registered proprietor registered on 28.6.2016, holds an indefeasible title under Section 340 NLC; prior proceedings did not operate as res judicata because they involved different parties, were enforcement or procedural dismissals or did not reach a full trial on merits; the defendants occupied the premises without consent or payment after tenancy expiry and after transfer and therefore were trespassers; accordingly the plaintiff is entitled to immediate vacant possession and to general damages for trespass (subject to assessment); app…
27 Sept 2023

1. ) YAP TEAK SING 2. ) SHAIFUL HIZAM BIN HUSIN 3. ) IOANNIS KOROMILAS 1. ) HIEW FOOK SANG @ FOOK HIEW SANG 2. ) WONG CHONG CHE 3. ) SIEH KOK JIUN

Citation

WA-23NCvC-7-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-7-02/2023 (Mahkamah Tinggi)

The strike out application was allowed because the amended writ and statement of claim were irregular for non-compliance with Order 20 Rule 1(3), the claimed RM27,000,000 was improperly quantified in breach of Order 18 Rule 12(1A), the impugned Notice referred to the previous PPSS (the corporate management body) not the individual plaintiffs and D1 signed in his official capacity, and thus the claim against D1 was vexatious and an abuse of process.
26 Sept 2023

MALAYSIA LAND PROPERTIES SDN BHD XXXX

Citation

WA-12BNCvC-13-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-13-01/2023 (Mahkamah Tinggi)

The appeal was allowed because the respondent failed to prove two essential elements of the tort of abuse of process — that the plaintiff's dominant purpose in instituting the defamation suit was collateral and that the respondent suffered proven damage as a consequence; the Sessions Court's reliance on an unrelated later suit (Suit 680) was factually and legally misplaced; filing a defamation suit in response to allegedly defamatory words is a legitimate exercise of the right to seek redress and does not, on these facts, constitute abuse of process.
16 Jan 2023

SURIYAWATI BINTI JUSOF NIK SALMAN BIN NIK DIN PENCELAH ZURIAH BINTI IBRAHIM @ YUSOFF

Citation

DA-22NCvC-63-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-63-12/2020 (Mahkamah Tinggi)

On the balance of probabilities the court found the defendant was the owner and controller of the project, the third party acted merely as a broker/employee, the transactions were within the defendant's knowledge and control, the defendant received the loan funds and the asserted payments (including the RM120,000 cash voucher) were inconsistent with earlier conduct; accordingly the defendant's claim against the third party disclosed no reasonable cause of action, was frivolous and vexatious and constituted abuse of process and must be struck out.
5 Jan 2022

LEE HENG YAU (PENJAGA AD-LITEM PERINTAH 25.11.2011 UNTUK TAN PING QUAN & TAN PING REN DUA ORANG KANAK-KANAK) 1. ) LEMBAGA TATATERTIB PEGUAMJ BELA & PEGUAM CARA (DATUK DR. ABDUL RAMAN BIN HAJI SAAD CHAIRMAN ADVOCATES & SOLICITORS DISCIPLINAR

Citation

B-02(IM)-952-08/2020 (Mahkamah Rayuan)
Court

IM
Case number

B-02(IM)-952-08/2020 (Mahkamah Rayuan)

Appeals dismissed: the Disciplinary Board and the President are not proper parties under the Advocates & Solicitors Act; s111 bars actions absent malice; the appellant’s appeals were incompetent for multiple reasons including failure to comply with statutory time limits (s103E(1)), mandatory appellate rules, and lack of locus standi as guardian ad litem after the children attained majority; the underlying complaint lacked merit.
5 Jan 2022

LEE HENG YAU (PENJAGA AD-LITEM PERINTAH 25.11.2011 UNTUK TAN PING QUAN & TAN PING REN DUA ORANG KANAK-KANAK) 1. ) LEMBAGA TATATERTIB PEGUAM BELA & PEGUAM CARA (DATUK DR. ABDUL RAMAN BIN JAHI SAAD CHAIRMAN ADVOCATES & SOLICITORS DISCIPLINARY

Citation

B-02(A)-223-02/2020 (Mahkamah Rayuan)
Court

A
Case number

B-02(A)-223-02/2020 (Mahkamah Rayuan)

Appeal dismissed because (1) the Disciplinary Board could not be named as a party under s103E(7), (2) the appeal was filed outside the one-month statutory period in s103E(1) with no extension sought, (3) appellant lacked locus standi as the represented children had attained majority and appellant proceeded unrepresented contrary to court rules, and (4) the substantive allegations lacked evidence and merit; High Court decision was not plainly wrong and must be upheld.

Malaysia Case Law

1. ) THURAISINGAM A/L PITCHAY MARIE 2. ) PUSPOM A/P PITCHAY MARIE CHEAH EWE HUAT

1. ) YAP TEAK SING 2. ) SHAIFUL HIZAM BIN HUSIN 3. ) IOANNIS KOROMILAS 1. ) HIEW FOOK SANG @ FOOK HIEW SANG 2. ) WONG CHONG CHE 3. ) SIEH KOK JIUN

MALAYSIA LAND PROPERTIES SDN BHD XXXX

SURIYAWATI BINTI JUSOF NIK SALMAN BIN NIK DIN PENCELAH ZURIAH BINTI IBRAHIM @ YUSOFF

LEE HENG YAU (PENJAGA AD-LITEM PERINTAH 25.11.2011 UNTUK TAN PING QUAN & TAN PING REN DUA ORANG KANAK-KANAK) 1. ) LEMBAGA TATATERTIB PEGUAMJ BELA & PEGUAM CARA (DATUK DR. ABDUL RAMAN BIN HAJI SAAD CHAIRMAN ADVOCATES & SOLICITORS DISCIPLINAR

LEE HENG YAU (PENJAGA AD-LITEM PERINTAH 25.11.2011 UNTUK TAN PING QUAN & TAN PING REN DUA ORANG KANAK-KANAK) 1. ) LEMBAGA TATATERTIB PEGUAM BELA & PEGUAM CARA (DATUK DR. ABDUL RAMAN BIN JAHI SAAD CHAIRMAN ADVOCATES & SOLICITORS DISCIPLINARY