1. ) TAN SRI DATO KAM WOON WAH 2. ) RAUB MINING & DEVELOPMENT COMPANY S/B 3. ) RAUB OIL MILL SDN BHD 4. ) BERJAYA REALTY SENDIRIAN BERHAD 5. ) COASTAL REALTY SDN BHD 6. ) GRANDFOODS SDN BHD 7. ) GRANNYS KITCHEN SDN BHD 8. ) LEAD ENTERPRISES SDN BHD 9. ) UNITED RAUB OIL PALMS SDN BHD 10. ) WAHBUNGA REALTY SDN BHD 11. ) YUM SDN BHD v DATO SRI ANDREW KAM TAI YEOW

wa-24ncvc-2376-06-2024 High Court (Mahkamah Tinggi) 5 May 2025 • WA-24NCvC-2376-06/2024

Catchwords

The present case exemplifies that danger. The Defendant’s conduct—marked by the persistent pursuit of claims already decided, and the proliferation of collateral proceedings—has significantly burdened the Plaintiffs and the judicial process. It is precisely to forestall such misuse that the law on vexatious litigants exists. While the Federal Constitution guarantees liberty and equality under Articles 5 and 8 respectively, these rights are to be exercised in accordance with the law. The Constitution does not confer an unlimited right of access to justice; rather, such access must be tempered by legal boundaries and respect for final judicial determinations. Courts are empowered to act when access to justice is transformed into a tool for harassment and oppression. The Defendant’s conduct—marked by the persistent pursuit of claims already decided, and the proliferation of collateral proceedings—has significantly burdened the Plaintiffs and the judicial process. It is precisely to forestall such misuse that the law on vexatious litigants exists.

Practice Areas

Constitutional Law

Judges (1)

Roz Mawar binti Rozain Delivered

Parties (12)

BERJAYA REALTY SENDIRIAN BERHAD Applicant COASTAL REALTY Sdn Bhd Applicant GRANNYS KITCHEN Sdn Bhd Applicant Grandfoods Sdn Bhd Applicant Lead Enterprises Sdn Bhd Applicant RAUB MINING & DEVELOPMENT COMPANY S/B Applicant Raub Oil Mill Sdn Bhd Applicant UNITED RAUB OIL PALMS Sdn Bhd Applicant WAHBUNGA REALTY Sdn Bhd Applicant YUM Sdn Bhd Applicant Dato' Sri Andrew Kam Tai Yeow Respondent Tan Sri Dato' Kam Woon Wah Applicant

Judgment

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Source: eJudgment (wa-24ncvc-2376-06-2024)