JUDGMENT

S Nantha Balan JCA:

Introduction

[1] This appeal is essentially concerned with the tort of collateral abuse of process. The tort arises in situations where the court process is invoked, not for the genuine purpose of obtaining the relief claimed, but for a collateral or ulterior purpose. In those circumstances, the legal action could be regarded as an abuse of process.

[2] The elements which are necessary for the tort of collateral abuse of process are (a) the court action must be initiated, (b) the dominant purpose of filing the action must be to obtain a collateral advantage or it must be for some purpose other than to obtain genuine redress which the process offers, and (c) the defendant must have thereby suffered damage. See: The court of Appeal's decision in Malaysia Building Society Bhd v. Tan Sri General Ungku Nazaruddin Ungku Mohamad, 1998 MarsdenLR 1755 ( CA ) ("MBSB").

[3] In this appeal the question is whether the tort of collateral abuse of process should continue to be recognised as a distinct cause of action, and whether the time has come for the Malaysian courts to follow the route that was taken by the Singapore court of Appeal in Lee Tat Development Pte Ltd v