JUDGMENT

Hasan Lah FCJ:

Introduction

[1] This is an appeal by the appellant against the decision of the Court of Appeal which affirmed the decision of the High Court. Leave to appeal was granted by this court on 19 August 2014 on the following questions of law:

(a) Whether, in a civil case, a trial judge is entitled to make a finding of balance of probabilities against a plaintiff in favour of a defendant who never gave evidence or who has declined to give evidence in his own defence.

(b) Whether the elements of the tort of misfeasance in public office as laid down by the House of Lords in Three Rivers District Council v. Bank of England (No 3) [2000] 2 WLR 1220 should be applied by the courts of Malaysia.

(c) Whether the mental element of the tort of misfeasance as set out in Three Rivers District Council v. Bank of England (No 3) [2000] 2 WLR 1220 is sufficiently made out by the execution of a public act for a collateral purpose.