TAN CHANG YONG HOLDING SDN BHD v. TAN WEE LEE & ORS

[2019] 4 MLRH 614

TAN CHANG YONG HOLDING SDN BHD v. TAN WEE LEE & ORS
High Court Malaya, Johor Bahru
Evrol Mariette Peters JC
[Civil Suit No: JA-22NCVC-193-09-2017]
4 August 2019

JUDGMENT

Evrol Mariette Peters JC:

The Application

[1] This application, filed as encl 233, was made by the 3rd defendant for the release of money in the amount of RM1,755,815.92, a judgment sum that was obtained by the 3rd defendant against the plaintiff in a previous suit.

[2] This judgment sum was deposited into court pursuant to an order dated 17 October 2017.

[3] The 3rd defendant's application was allowed with costs.

[4] The following are therefore my reasons for allowing the 3rd defendant's application.

The Background Facts

[5] A narrative of the background facts, which led to this application, is imperative, as it involves the intertwining of two suits, Suit 69 and the current Suit 193.

[6] On 28 May 2015, in the previous combined suits of 22-NCVC-69-04-2014 and JA-A52NCVC-37-04-2014 (collectively "Suit 69"), the 3rd defendant (who was the plaintiff in Suit 69) obtained judgment against the plaintiff (who was the defendant in Suit 69) for a judgment sum of RM1,955,815.92.

[7] The plaintiff then filed an application for stay pending disposal of the matter by the Court of Appeal.

[8] The 3rd defendant's previous solicitor agreed to the stay on condition that RM200,000.00 be deducted from the amount of RM1,955,815.92 and paid to the 3rd defendant's (then) solicitors.

[9] This left a balance of RM1,755,815.92 ("judgment sum") which was paid to Messrs Lau Kok Guan ("LKG") as stakeholder.

[10] The plaintiff's appeal to the Court of Appeal, and application for leave to appeal to the Federal Court were dismissed respectively by the Court of Appeal and Federal Court.

[11] On 5 September 2017, the plaintiff filed Suit 193, ("current suit") against the 1st to 5th defendants for conspiring in Suit 69 to obtain judgment in their favour.

[12] This gave rise to another round of litigation, albeit with additional parties.

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