NG WAI PIN v ONG YEW TEIK
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Judges (3)
Counsel (6)
Parties (2)
Case Significance
NG WAI PIN v ONG YEW TEIK is a Federal Court (Mahkamah Persekutuan) decision dated March 6, 2025 (citation: 02i-38-09-2024w). <p>Four appeals concerned whether witnesses enjoy absolute immunity from civil liability for evidence given in judicial proceedings, and whether the tort of malicious prosecution applies in civil proceedings in Malaysia. The Federal Court held that witness immunity is not absolute where fraud and perjury are alleged, and that the tort of malicious prosecution may extend to civil proceedings. The appeals were dismissed and the Court of Appeal's decision to remit for full trial was upheld.</p> The panel comprised Hanipah binti Farikullah, Rhodzariah binti Bujang and Zabariah binti Mohd Yusof, with Rhodzariah binti Bujang delivering the judgment. Counsel appearing: Dato' Sri Rajan Navaratnam (counsel for respondent), Elizabeth Lau (counsel for appellant), Hazel Siau (counsel for appellant), Oazair bin Huneid Tyeb (counsel for respondent).
Summary
Four appeals concerned whether witnesses enjoy absolute immunity from civil liability for evidence given in judicial proceedings, and whether the tort of malicious prosecution applies in civil proceedings in Malaysia. The Federal Court held that witness immunity is not absolute where fraud and perjury are alleged, and that the tort of malicious prosecution may extend to civil proceedings. The appeals were dismissed and the Court of Appeal's decision to remit for full trial was upheld.
What was the outcome of NG WAI PIN v ONG YEW TEIK?
<p>Four appeals concerned whether witnesses enjoy absolute immunity from civil liability for evidence given in judicial proceedings, and whether the t...