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2025 MarsdenLR 7054

Ng Wai Pin – Appellant
Versus
Ong Yew Teik and other appeals – Respondent


Zabariah Yusof FCJ (delivering majority judgment of the court):

[1]The four appeals before us originated from striking out applications by the five appellants (first defendant–fifth defendants in the High Court) under O 18 r 19(1) of the Rules of Court 2012Court, which allowed the striking out applications. Appeals by the five appellants (the first defendant–fifth defendant in the High Court) to the Court of Appeal resulted in the Court of Appeal reversing the decision of the High Court and remitted the cases back to the High Court for a full trial.

[2]These four appeals relate primarily to the issues of witness immunity when testifying in court proceedings, the application of the doctrine of finality of litigation and implications of enforcement of such a doctrine which may lead to an ad infinitum/satellite litigation. The appeals raise an important and a novel point of law, namely whether the witnesses have absolute immunity from liability in a civil action, subsequent or otherwise, in respect of evidence, oral and/or written, given in judicial proceedings.

[3]Other related issues are pertaining to the applicability of the tort of malicious prosecution in civil proceedings and the a

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