SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 MarsdenLR 54

HIGH COURT MALAYA KUALA LUMPUR
CONWELD ENGINEERING SDN BHD & ORS – Appellant
Versus
GOH SWEE BOH @ GOH CHENG KIN & ANOR – Respondent


Petitioner Advocates:Ling Hua Keong,Saw Wei Siang ,Respondent Advocate: Rishwant Singh Amarjeet Singh,Shukran Syafiq,Ban Qiad

Table of Content
1. the claim of abuse of court process was dismissed due to lack of proven damages despite recognition of procedural abuse. (Para 1 , 22 , 40 , 41)
2. establishing the background of ownership and management in the involved company. (Para 2 , 3 , 4 , 5 , 6 , 12)
3. arguments revolved around the intention behind filing the winding-up petition and the validity of the abuse claim. (Para 23 , 26 , 60)
4. arguments regarding motivations and outcomes relating to the abuse of process claim. (Para 30)
5. evidence of delays and procedural issues were scrutinized but did not substantiate claims for damages. (Para 31 , 68)
6. examining the court's observations on the legal principles and collateral usages of court processes. (Para 39)
7. defining the parameters of the tort of abuse of process. (Para 48)

[1] The Plaintiffs sued the Defendants in the tort of abuse of court process. I have dismissed the claim. These are the full reasons for my decision.

Salient Background Facts

[2] The 1st Plaintiff is Conweld Engineering Sdn Bhd ("the Company"). The Company was incorporated in 2008. It is in the business of manufacturing, assembling and selling of light construction and agricultural equip

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top