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
Coram Judges
- Yaacob Bin Haji Md Sam
- S. Nantha BalanDelivered Judgment
- Haji Ghazali Bin Haji Cha
Subject Matter
tort of collateral abuse of processwinding-up petitionshareholder dispute