JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] This is an appeal by the Appellant/Plaintiff after trial before the Sessions Court . The main action by the Appellant/Plaintiff had been discontinued on 20 June 2023 and the trial proceeded on 20 December 2023 only on the Respondent/Defendant's counterclaim based on the tort of abuse of process.

[2] It is convenient to refer to the parties as they were in the Sessions Court . There, the trial Judge found for the Defendant on her counterclaim and ruled that the Plaintiffs discontinued main action was an abuse of process. General damages of RM300,000.00 and exemplary damages of RM250,000.00 were awarded to the Defendant, together with costs of RM15,000.00.

Background Facts

[3] The Defendant was the former Group Accountant of the Plaintiff and its group of companies. The Defendant was dismissed on 1 June 2020 for refusing to accept a company memorandum dated 26 April 2020 on salary reduction during the period April to December 2020. She filed an unfair dismissal claim against the Defendant in the Industrial Court after she left.

[4] The Defendant's last day of employment was on 30 June 2020. The Plaintiff pleaded that it discovered a sec