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2021 MarsdenLR 781

COURT OF APPEAL PUTRAJAYA
MALAYAN BANKING BERHAD – Appellant
Versus
SPARROWS & ARROWS SDN BHD & ORS – Respondent


Petitioner Advocates:Ng Sai Yeang,Wong Chee Chien,Yenne Chow ,Respondent Advocate: Cheang Lek Choy

JUDGMENT

Lau Bee Lan JJCA:

Introduction

[1] This appeal was brought by the Appellant/Plaintiff against the decision of the learned High Court Judge made on 23 February 2017 dismissing the Appellant/Plaintiff's claim against the 1st, 2nd, 3rd and 4th Respondents/1st, 2nd, 3rd and 4th Defendants with costs of RM400,000.00 on an indemnity basis ie, RM100,000.00 per Respondent/Defendant.

[2] We shall refer to the parties as follows: Appellant/Plaintiff as MBB, 1st to 4th Respondents/1st to 4th Defendants as Sparrows & Arrows, Kopetro, Nga and Liang, respectively.

[3] This Court had directed that the 2nd Respondent/2nd Defendants Notice of Motion (Encl 16a) to adduce fresh evidence be heard and disposed of together with the appeal proper. Having heard and considered the respective parties' oral and written submissions and the relevant Records of Appeal, we had adjourned the appeal for decision after requesting the parties to parties to submit further on issues which arose at the hearing on 19 June 2020, namely: (i) can a lawyer carrying out his legal duty be found liable for abuse of process?; (ii) can fraud be established if there is no benefit/advantage gained by the perpetrator?; and othe


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