1. ) CHAN KAH LON 2. ) CHAN SEE MAI v 1. ) CHIN JIA YEE 2. ) CHIN THIEN CHOY 3. ) GIRONA VETERINARY SDN. BHD. 4. ) SOLE BIZ SDN. BHD.

wa-22ncc-609-09-2024 High Court (Mahkamah Tinggi) 9 June 2025 • WA-22NCC-609-09/2024 • 30 min read
10 cases cited (0 SG, 10 foreign)

Catchwords

CIVIL PROCEDURE: Amendment of pleadings – Joinder of parties – Leave to amend pleadings and join additional parties – Application to join wound-up company as nominal defendant – Application to join law firm and partners as defendants – Whether leave from winding-up court required for joinder of company in liquidation – Whether reliefs sought against nominal defendant substantive or merely consequential – Whether amendment application made bona fide and without undue delay – Whether proposed amendments fundamentally change character of suit TORT LAW: Conspiracy – Conspiracy to defraud – Essential elements of conspiracy – Joinder of solicitors as defendants in conspiracy claim – Whether solicitors liable for acting on client instructions – Whether conspiracy pleadings adequately particularised – Whether conceivable motive exists for alleged conspiracy – Whether solicitors owe duty of care to non-clients – Whether technical evidence of document tampering sufficient without expert testimony LEGAL PROFESSION: Professional conduct – Solicitor duties and liabilities – Scope of solicitor's retainer – Whether solicitors acting within proper scope when following client instructions – Whether allegations of professional misconduct properly supported by evidence – Whether technical characteristics of PDF documents indicate tampering or normal processing – Whether court processes used to harass legal practitioners COMPANY LAW: Winding-up proceedings – Joinder of company in liquidation – Service of court documents on company – Whether leave required to join wound-up company as party to proceedings – Whether company should be joined as plaintiff or defendant when seeking reliefs in its favour – Validity of service on company through director

Judges (1)

Counsel (4)

Parties (6)

Case Significance

1. ) CHAN KAH LON 2. ) CHAN SEE MAI v 1. ) CHIN JIA YEE 2. ) CHIN THIEN CHOY ... is a High Court (Mahkamah Tinggi) decision dated June 9, 2025 (citation: wa-22ncc-609-09-2024). The case was decided by Atan Mustaffa Yussof Ahmad.

What was the outcome of 1. ) CHAN KAH LON 2. ) CHAN SEE MAI v 1. ) CHIN JIA YEE 2. ) CHIN THIEN CHOY ...?

1. ) CHAN KAH LON 2. ) CHAN SEE MAI v 1. ) CHIN JIA YEE 2. ) CHIN THIEN CHOY ... is a High Court decision dated June 9, 2025. The case was heard by Atan Mustaffa Yussof Ahmad. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (10)

MY (10)
[1939] 8 MLJ 253 [1994] 2 CLJ 581 [2001] 5 CLJ 476 [2016] MLJU 967 [2021] MLJU 2157 [2023] MLJU 1671 [2023] MLJU 2012 [2024] MLJU 2608 [2024] MLJU 3335 [2025] 8 MLJ 288

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-609-09-2024)