JUDGMENT

See Mee Chun JCA:

Introduction

[1] This appeal centres around the not-too-common tort of abuse of court process, as distinct from the power of the court to strike out a case for abuse of process under O 18 r 19 Rules of 2012.

[2] The Plaintiffs/Respondents had filed a claim against the Defendant/Appellant (Perak Integrated Network Services Sdn Bhd (PINS)) for the tort of abuse of court process which was allowed by the High court, giving rise to this appeal.

Parties

[3] PINS is a company involved in the telecommunications industry. The 1st Respondent is the Chief Executive Officer of the 3rd Respondent (Bunga Raya) and Director of the 4th Respondent (Urban Domain). The 2nd Respondent is the Director of Urban Domain and its financial manager in charge of book keeping and accounting.

Background Facts

[4] PINS, Bunga Raya and Urban Domain were parties to a joint venture to carry out concession works and licence works via a special purpose vehicle (PINS OSC). This joint venture was created through various agreements including a Joint Venture Agreement dated 22 February 2006 between PINS and Bunga Raya (JVA).

Kuala Lumpur High court Suit No. 22NCC-1041-07/2012 (Suit 1041)

[5] Suit 1041 w