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2024 MarsdenLR 1346
HIGH COURT MALAYA SHAH ALAM
KOK KON SANG – Appellant
Versus
MALAYSIAN INSTITUTE OF ACCOUNTANTS & ANOR – Respondent
[Originating Summons No: BA-24NCvC-2348-11/2023]
A vexatious litigant cannot initiate legal proceedings without obtaining prior leave from the court, as established under the Courts of Judicature Act 1964.
Headnote:(A) Courts of Judicature Act 1964 – Section 3 – Vexatious litigant – The Applicant, a certified accountant, filed interlocutory applications against the Respondents after being declared a vexatious litigant by the High Court of Kuala Lumpur, which prohibited further legal proceedings without leave. The Court found that the Applicant failed to obtain necessary leave before filing the applications. (Paras 9-12)
(B) Preliminary objection – The Respondents raised a preliminary objection based on the Applicant's status as a vexatious litigant, leading to the striking out of the applications. (Paras 9-14)
Facts of the case: The Applicant filed four interlocutory applications after being declared a vexatious litigant, seeking to transfer proceedings and consolidate cases. The Respondents objected, citing the prohibition against the Applicant.
Findings of Court: The Court upheld the Respondents' preliminary objection and struck out the applications due to the Applicant's failure to obtain leave.
Issues: The main issue was whether the Applicant could file applications after being declared a vexatious litigant without obtaining leave.
Ratio Decidendi: The Court ruled that the Applicant's applications were invalid as they were filed without the required leave, affirming the prohibition against vexatious litigants.
Result: Applications struck out.
JUDGMENT
Introduction
[1] The Applicant has filed four interlocutory applications under Originating Summons No BA-24NCVC-2348-11/2023 against the Respondents. The said interlocutory applications are as follows:
[2] On 9 January 2023, the Court struck out encls 3, 6, 12, and 16 with RM500.00 cost for each application. Dissatisfied with the decision, the Applicant appealed to the Court of Appeal.
Background
[3] The Applicant is a certified accountant practicing under the firm Tetuan Eddie Kok & Co Without being represented by a lawyer, the Applicant has brought a claim against the Respondents in this Court by way of Originating Summons BA-24NCVC-2348-11/2023 (referred to as 'Originating Summons 2348') dated 28 November 2023 supported by the Applicant's Affidavit In Support dated 24 November 2023. The Respondents filed Affidavit In Reply dated 11 December 2023 (encl 11) to challenge the Originating Summons 2348.
[4] The First Respondent (MIA) is a statutory body established under the Accountants Act 1967 to regulate the profession of accountants in Malaysia. The Second Respondent is the Legal Manager of MIA. At the material time, the Applicant was also a registered member of MIA.
[5] Before the filing of Originating Summons 2348 by the Applicant at the High Court of Shah Alam, MIA had filed Originating Summons No WA-24NCvC-1904-06/2022 (referred to as 'Originating Summons 1904') against the Applicant at the High Court of Kuala Lumpur.
[6] On 4 December 2023, the High Court of Kuala Lumpur allowed the Originating Summons 1904. The Court declared the Applicant a vexatious litigant and the Court awarded costs of RM40,000.00 to be paid by the Applicant to MIA (referred to as the Order of 4 December 2023).
Hearing On 9 January 2024
[7] The overall relief sought by the Applicant through encl 3, 6, 12, and 16 pertains explicitly to matters involving the Applicant and the First Respondent following the decision in Originating Summons 1904 at the High Court of Kuala Lumpur.
[8] To elucidate the scenario that unfolded during the hearing on 9 January 2024, a summary of the case proceedings is as follows:
i. The Applicant has moved the Court to hear his application under encl 16. Under Enclosure 16, the Applicant applies to transfer the proceeding in this Court to Shah Alam High Court NCVC11 on the basis that the presiding Judge in Court NCVC10 will retire on 17 February 2024. The Applicant wishes to consolidate Originating Summons 2348 with his other matter before the Court NCVC11.
ii. The Applicant also informed the Court that the Respondents had failed to respond to his Affidavit In Support of encl 16.
iii. The counsel for Respondents submitted that they had raised a preliminary objection in encl 10 against the application filed by the Applicant in encls 3, 6, 12, and 16.
iv. The Court proceeded to hear the preliminary objection. Although the counsel for the Respondents raised the preliminary objection after the Applicant submitted his application in encl 16, the Court has yet to assess the merits of encl 16. The Court must decide on the preliminary objection before the merits of encls 3, 6,12, and 16 are heard and determined.
Preliminary Objection By The Respondents
[9] The basis of the Respondents' preliminary objection to encl 3, 6, 12, and 16 is through the Originating Summons 1904, the High Court of Kuala Lumpur on 4 December 2023 declared the Applicant as a vexatious litigant. The Court has prohibited the Applicant from commencing any further legal proceedings in any Court in Malaysia against the First Respondent without leave from the High Court of Malaya.
[10] Upon reading encls 3, 6, 12, and 16, the Court found that the Applicant filed encls 3, 6, 12 and 16 after the Order of 4 December 2023 granted by the High Court of Kuala Lumpur.
[11] The Court also refers to the interpretation of proceedings under s 3 of the Courts of Judicature Act 1964, which means - "any proceedings of a civil or criminal nature and includes an applicati
