KERJAYA PROSPEK (M) SDN. BHD. v 1. ) BCM HOLDINGS SDN. BHD. 2. ) Tiong Kwing Hee 3. ) Tan You Tiong PIHAK KETIGA 1. ) TEOH SENG KIAN 2. ) TEOH SENG AUN PIHAK TERKILAN AVISCON PROPERTY MANAGEMENT SDN BHD

wa-22c-85-12-2023 High Court (Mahkamah Tinggi) 8 December 2025 • WA-22C-85-12/2023

Catchwords

This case concerns an application to recuse the High Court judge from further hearing the action following the Court of Appeal’s reversal of an earlier interlocutory order setting aside third party proceedings. The central issue was whether the judge’s prior findings created a real danger of bias under the “real danger of bias” test. The court held that the earlier remarks were preliminary, made at an interlocutory stage, and did not amount to a conclusive determination of the merits. Accordingly, no real danger of bias was established and the recusal application was dismissed with costs.

Practice Areas

This case concerns an application to recuse the High Court judge from further hearing the action following the Court of Appeal’s reversal of an earlier interlocutory order setting aside third party proceedings. The central issue was whether the judge’s prior findings created a real danger of bias under the “real danger of bias” test. The court held that the earlier remarks were preliminary, made at an interlocutory stage, and did not amount to a conclusive determination of the merits. Accordingly, no real danger of bias was established and the recusal application was dismissed with costs.

Judges (1)

Azlan bin Sulaiman Delivered

Parties (7)

AVISCON PROPERTY MANAGEMENT Sdn Bhd Aggrieved Party BCM HOLDINGS Sdn Bhd Defendant KERJAYA PROSPEK Sdn Bhd Plaintiff Tan You Tiong Defendant Teoh Seng Aun Third Party Teoh Seng Kian Third Party Tiong Kwing Hee Defendant

Case Significance

KERJAYA PROSPEK (M) SDN. BHD. v 1. ) BCM HOLDINGS SDN. BHD. 2. ) Tiong Kwing ... is a High Court (Mahkamah Tinggi) decision dated December 8, 2025 (citation: wa-22c-85-12-2023). The case was decided by Azlan bin Sulaiman.

What was the outcome of KERJAYA PROSPEK (M) SDN. BHD. v 1. ) BCM HOLDINGS SDN. BHD. 2. ) Tiong Kwing ...?

KERJAYA PROSPEK (M) SDN. BHD. v 1. ) BCM HOLDINGS SDN. BHD. 2. ) Tiong Kwing ... is a High Court decision dated December 8, 2025. The case was heard by Azlan bin Sulaiman. See the full judgment for details.