The court held that the plaintiff failed to prove the tort of conspiracy to injure using unlawful means, as the necessary elements were not established.

JUDGMENT

Leong Wai Hong JC:

Introduction

[1] This is a trial heard over 5 days on 17 January 2024, 18 January 2024, 29 January 2024, 30 January 2024 and 31 January 2024. Oral submissions by counsel were held before me on 12 July 2024, 23 July 2024, 1 August 2024 and 10 September 2024. Decision was reserved to 3 October 2024. These are my Grounds of Decision.

[2] The plaintiff's claim is based solely on the tort of conspiracy to injure the plaintiff using unlawful means:

i. Committed by the 1st, 6th and 7th defendants; and

ii. Committed by the 1st, 2nd, 3rd and 4th defendants.

[See Statement of Claim at Bundle A1 (encl 94) at pp 45 - 69]

[3] Although the 5th defendant Priority Energy Services, LLC is named in the suit and in the Statement of Claim particulars, it is not involved in this trial as the plaintiff has discontinued its claim against the 5th defendant. A Notice of Discontinuance was filed dated 17 January 2024 [Enclosure 129]. Although stated with liberty to file afresh, based on the facts, no leave to discontinue with liberty to file afresh was in fact granted by the Court as required by O 21 r 3 of the Rules of 2012.

[See Lee Ngan Hoo v. Insp Sarawanan Panrengam & Ors HC].

[4] The plaintiff is Appsmiths Sdn Bhd represented by Messrs Gan Partnership. The 1st defendant is Jason Kok Chin Hwa represented by Messrs Chellam Wong. The 2nd to 4th defendants are Kok Wei Chuen, Tai Crest Resources Sdn Bhd and Grit Energy Sdn Bhd respectively represented by Messrs Tham Teoh & Partners. The 6th defendant is Priority Artificial Lift Services, LLC represented by Messrs Azmi & Associates. The 7th defendant is Deleum Oilfield Services Sdn Bhd represented by Messrs A I Nathan.

[5] The plaintiff claims against the 1st,2nd to 4th, 6th and 7th defendants for the following reliefs:

a. Damages to be assessed and paid by the 1st, 2nd to 4th, 6th and 7th defendants to the plaintiff jointly and/or severally;'

b. An account and inquiry be taken for the revenue and profits earned and/or benefits made or retained by the 1st,,2nd to 4th, 6th and 7th defendants as a result of the conspiracy;

c. An Order that the 1st, 2nd to 4th, 6th and 7th defendants pay aggravated damages to the plaintiff jointly and/or severally;

d. An Order that the 1st, 2nd to 4th, 6th and 7th defendants pay exemplary damages to the plaintiff jointly and/or severally;

e. An Order that the 1st, 2nd to 4th, 6th and 7th defendants pay punitive damages to the plaintiff jointly and/or severally;

f. Interest at the rate of 5% per annum on all sums ordered to be paid by the 1st, 2nd to 4th, 6th and 7th defendants to the plaintiff from the date when the cause of action arose until the date of judgment;

g. Interest at the rate of 5% per annum on all sums ordered to be paid by the 1st, 2nd to 4th, 6th and 7th defendants to the plaintiff from the date of the judgment until full and final settlement;

h. Costs on a solicitor-client basis;

i. Any further and/or other reliefs that this Honourable Court deems fit and proper.

[6] The 1st, 2nd to 4th, 6th and 7th defendants in their defences rejected the plaintiff's claim.

Indemnity Claim By The 7th Defendant Against The 1st Defendant

[7] The 7th defendant has also in this suit filed an indemnity claim against the 1st defendant to be indemnified by the 1st defendant in the event the 7th defendant is found liable to the plaintiff. [See Bundle of Pleadings between the 7th defendant and the 1st defendant, Bundle A2 (Enclosure 121)].

Another Suit

[8] There is also another suit filed by the plaintiff against the 1st defendant allegedly for breach of duty of fidelity/contractual duties and/or fiduciary duties owed to the plaintiff in Kuala Lumpur High Court Suit No.: WA-22NCC-262 ["Suit 262"]. This suit is before another Judge. [See Amended Bundle of Pleadings Bundle A1 (encl 94) the Statement of Claim para 15 at p 50. See also First Defendant's Witness Statement (Jason Kok Chin Hwa) WSDW1 (encl 114) at Q and A 7).

[9] The plaintiff's counsel at the beginning of the