Oazair bin Huneid Tyeb

On the court record

Spans questions at the edge of civil liability — witness immunity, malicious prosecution and perjury-based fraud in the Federal Court — alongside striking-out and summary-judgment practice in the courts below.

Oazair bin Huneid Tyeb's reported appearances range across the appellate courts and the High Court, and across tort, estate and commercial disputes. In the Federal Court (Mahkamah Persekutuan) he acted as counsel for the respondent in an appeal raising several questions of general importance: whether witnesses enjoy absolute immunity from civil liability for evidence given in judicial proceedings; the application of the doctrine of the finality of litigation; whether the tort of malicious prosecution extends to civil proceedings in Malaysia; and whether fraud founded on perjury constitutes a recognised and actionable tort in Malaysian law. These are questions that go to the boundaries of civil liability and the integrity of the adjudicative process.

In the Court of Appeal (Mahkamah Rayuan) he appeared for the appellant in a dispute connected with the administration of a deceased estate, where former administrator-partners faced an application under Order 18 rule 19 of the Rules of Court 2012 to strike out a writ and statement of claim. The pleaded case alleged conspiracy to commit fraud, deceit, breach of trust, breach of duty and misappropriation of stakeholder monies arising from a joint-venture arrangement.

Before the High Court (Mahkamah Tinggi) he acted for the defendant in a commercial matter involving an application for summary judgment on a counterclaim under Order 14 rule 5 of the Rules of Court 2012. The court considered whether a defendant has an unfettered right to seek summary judgment on a counterclaim treated as an independent action, where the counterclaim rested on an alleged breach of a tenancy agreement while the main action concerned a tender to operate a restaurant on the premises, said to be tainted by fraud. Across these matters — spanning witness immunity, striking out, and summary judgment — the common thread is Oazair bin Huneid Tyeb's engagement with the procedural and substantive tools by which the courts test whether a civil claim or defence should proceed to trial.