K SENG SENG CORPORATION BERHAD v TAN LIAN CHOON

ba-12b-53-06-2024 High Court (Mahkamah Tinggi) 14 January 2025 • BA-12B-53-06/2024 • 15 min read

9 cases cited (0 SG, 9 foreign)

Catchwords

Appeal - Tort of abuse of process - Discontinuance of main action – Full trial on counterclaim - Whether trial judge erred in law and/or fact in determining that Plaintiff is liable for tort of abuse of process - Law on appellate intervention – Whether there is dominant collateral purpose for initiating the main action – Whether there is reasonable cause of action – Burden of proof - Circumstantial evidence – Presumption of adverse inference - Insufficient judicial appreciation of the evidence

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (5)

Beh & Co. Firm Marcus Tan & Co. Firm Beh Chee Wei Counsel Respondent Lee Wing Hang Counsel Appellant Stanley Phang Weng Lam Counsel Appellant

Parties (2)

K SENG SENG CORPORATION BERHAD Appellant Tan Lian Choon Respondent

Case Significance

K SENG SENG CORPORATION BERHAD v TAN LIAN CHOON is a High Court (Mahkamah Tinggi) decision dated January 14, 2025 (citation: ba-12b-53-06-2024). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of K SENG SENG CORPORATION BERHAD v TAN LIAN CHOON?

K SENG SENG CORPORATION BERHAD v TAN LIAN CHOON is a High Court decision dated January 14, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (9)

UK (4)

[1942] 1 All ER 142 [1947] AC 484 [1955] AC 370 [1977] 2 All ER 566

MY (5)

[1996] 3 CLJ 163 [1996] 3 CLJ 695 [2004] 4 CLJ 309 [2018] 7 MLJ 350 [2022] 6 MLJ 810

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12b-53-06-2024)