Oliver Yap Chee Fong v Tracy Tan Wai Mei

wa-22ncvc-285-05-2025 High Court (Mahkamah Tinggi) 5 November 2025 • WA-22NCvC-285-05/2025 • 7 min read
5 cases cited (1 SG, 4 foreign)

Catchwords

Application pursuant to Order 18 rule 19(1)(a) of the Rules of Court 2012 (“ROC 2012”) to strike out the Plaintiff’s Writ and Statement of Claim on the grounds that the pleadings disclose no reasonable cause of action. Court allows the Defendant’s application. The pleaded facts, reveal that the alleged losses were suffered by third-party investors, and not by the Plaintiff himself. A trial cannot cure a pleading that fundamentally discloses no cause of action. To compel the Defendant to undergo a full trial process in such circumstances would undermine procedural justice and judicial economy. seeks to recover losses said to be suffered by unnamed investors. Such a claim is connected to the doctrine of locus standi and the principle that only a party who has suffered actionable loss may maintain a civil claim. In the context of conspiracy, the absence of pleaded personal loss is fatal. A conspiracy by unlawful means is constituted when two or more persons combine to commit an unlawful act with the intention of injuring or damaging the plaintiff, and the act is carried out and the intention is achieved.

Judges (1)

Mahazan binti Mat Taib Delivered

Counsel (5)

Rajesh, Chew & Ho Firm S. Suresh Law Chambers Firm Azizul Hilmi Bin Zulkifli Counsel Defendant Diana Sharma Counsel Plaintiff Ho You Wei Counsel Plaintiff

Parties (2)

Oliver Yap Chee Fong Plaintiff Tracy Tan Wai Mei Defendant

Case Significance

Oliver Yap Chee Fong v Tracy Tan Wai Mei is a High Court (Mahkamah Tinggi) decision dated November 5, 2025 (citation: wa-22ncvc-285-05-2025). The case was decided by Mahazan binti Mat Taib.

What was the outcome of Oliver Yap Chee Fong v Tracy Tan Wai Mei?

Oliver Yap Chee Fong v Tracy Tan Wai Mei is a High Court decision dated November 5, 2025. The case was heard by Mahazan binti Mat Taib. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (5)

SLR (1)
[1997] 1 SLR 390
MY (4)
[1993] 3 MLJ 36 [2010] 5 CLJ 32 [2010] 5 MLJ 394 [2017] 3 MLJ 244

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-285-05-2025)