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HIGH COURT MALAYA SHAH ALAM
K SENG SENG CORPORATION BERHAD – Appellant
Versus
TAN LIAN CHOON – Respondent
| Table of Content |
|---|
| 1. overview of appeal and trial outcomes. (Para 1 , 2) |
| 2. background facts of employment and claims. (Para 3 , 4 , 5 , 6 , 7) |
| 3. principles of appellate intervention. (Para 8 , 9 , 10) |
| 4. elements necessary for tort of abuse of process. (Para 11 , 12 , 13 , 14) |
| 5. circumstantial evidence considerations. (Para 15 , 16 , 17 , 18) |
| 6. assessment of reasonable cause of action. (Para 19 , 20 , 21 , 22) |
| 7. merits of the plaintiff's primary action claims. (Para 23 , 24 , 25 , 26 , 27) |
| 8. discussion on adverse inference and evidence suppression. (Para 28 , 29 , 30) |
| 9. analysis of discontinuance of the main action. (Para 31 , 32 , 33 , 34 , 35) |
Introduction
[1] This is an appeal by the Appellant/Plaintiff after trial before the Sessions Court. The main action by the Appellant/Plaintiff had been discontinued on 20 June 2023 and the trial proceeded on 20 December 2023 only on the Respondent/Defendant's counterclaim based on the tort of abuse of process.
[2] It is convenient to refer to the parties as they were in the Sessions Court. There, the trial Judge found for the Defendant on her counterclaim and ruled that the Plaintiffs discontinued main action was an abuse
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