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2024 MarsdenLR 1421

HIGH COURT MALAYA PENANG
FR DEVELOPMENT ASIA SDN BHD & ANOR – Appellant
Versus
ZELCOS LABORATORY SDN BHD & ANOR – Respondent


Petitioner Advocates:Kumaresan Thurairaju,Komal Trikamlal ,Respondent Advocate: Kuan Aun Wan,Aisyah Liyana Mydine

JUDGMENT

Quay Chew Soon J:

Introduction

[1] There are altogether three suits between the Plaintiffs and the Defendants. Namely:

(a) Penang High Court Suit No PA-22-NCVC-58-03/2020 ("vacant possession suit 58");

(b) Penang High Court Suit No PA-24-NCVC-628-09/2020 ("injunction suit 628"); and

(c) Penang High Court Suit No PA-23 NCVC-7-05/2022 ("instant suit").

[2] The vacant possession suit 58 and the injunction suit 628 are before another Penang High Court . The instant suit is before me.

[3] In the instant suit, the Plaintiffs allege that the Defendants had staged a false incident to mislead the Court into granting an ex-parte injunction order for the unlawful purpose of seizing the Plaintiffs' assets. The Plaintiffs filed the instant suit for a determination that the Defendants had committed perjury and contempt of Court , in staging the false incident.

[4] The Plaintiffs further allege that the Defendants had committed the tort of abuse of process and malicious prosecution. By intentionally instituting the injunction suit 628 for the sole purpose of forcibly evicting the Plaintiffs and seizing their assets.

[5] After a full trial, I dismissed the Plaintiffs' claim. Here are the

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