Conweld Engineering Sdn Bhd & Ors v Goh Swee Boh @ Goh Cheng Kin & Anor

This appeal concerns the tort of collateral abuse of process, where the appellants alleged that the respondents filed a winding-up petition and obtained ex-parte orders for ulterior purposes. The High Court dismissed the claim, holding that the tort of collateral abuse of process remains a distinct cause of action in Malaysia. The Court of Appeal upheld the decision, finding no damages proven and no cause of action for the appellants.

Overview

Case Number

W-02(NCC)(W)-849-05/2019

Case Type

Civil - Tort of collateral abuse of process

Court

Court of Appeal Malaysia, Putrajaya

Subject Matter

tort of collateral abuse of processwinding-up petitionshareholder dispute

Documents