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