JUDGMENT

Zabariah Mohd Yusof FCJ (Majority):

[1] The 4 appeals before us originated from striking out applications by the 5 appellants (1st defendant-5th defendant in the High Court) under O 18 r 19(1) of the Rules of the Court 2012 in the High Court, which allowed the striking out applications. Appeals by the 5 appellants (1st defendant-5th defendant in the High Court) to the Court of Appeal resulted in the Court of Appeal reversing the decision of the High Court and remitting the cases back to the High Court for a full trial.

[2] These 4 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 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.