COURT OF APPEAL (PUTRAJAYA)
HANIPAH FARIKULLAH AND LAU BEE LAN JJCA
RAYUAN SIVIL NO W-02(NCVC)(W)-413-03/2017
19 August 2021
JUDGMENTIntroduction
[1] This appeal was brought by the Appellant/Plaintiff against the decision of the learned High Court Judge made on 23/2/2017 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 i.e., 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 Defendant’s 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 19/6/2020, 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 other issues which arose during the hearing. This is our judgment in respect of the appeal proper and Kopetro’s Notice of Motion (Encl. 16a) to adduce further evidence.