SALIENT GLORY CITY SDN BHD v 1. ) M SUMMIT GLOBAL SDN BHD 2. ) MAJLIS BANDARAYA PULAU PINANG
Catchwords
D1 counterclaim is that the Plaintiff is a vexatious litigant who has filed the actions in piecemeal and instalment is without merit and an abuse of Court’s process. The Plaintiff denied and submitted that it is the first time that the Plaintiff is filing an action for unjust enrichment and trespass. The Plaintiff contended that it has not habitually and persistently and without reasonable cause instituted vexatious legal proceedings in any Court since the present suit is the first suit and the only suit filed in the Court by the Plaintiff. The mechanism to deal with persons described as "vexatious litigants" is provided under Paragraph 17 in the Schedule to the Courts of Judicature Act 1964. The objective of this provision is to prevent abuse of court process and to ensure that all parties have equal access to justice. It also provides a mechanism wherein victims of vexatious litigants can come to enjoy the fruits of their hard-won litigation in peace.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-22ncvc-106-07-2020)