High Court rules ‘vexatious litigant’ son can’t file new lawsuits against ex-MCA sec-gen father and 10 firms without court leave

High Court rules ‘vexatious litigant’ son can’t file new lawsuits against ex-MCA sec-gen father and 10 firms without court leave

KUALA LUMPUR, May 9 — The High Court has declared Datuk Seri Andrew Kam Tai Yeow a “vexatious litigant” due to his multiple lawsuits against his father, Tan Sri Kam Woon Wah, and the latter’s 10 companies.

The court also barred Tai Yeow from initiating any new legal proceedings in Malaysia against his father — a former MCA secretary-general — and the 10 firms unless he first obtains leave from a High Court judge.

High Court judge Roz Mawar Rozain issued the orders on Tuesday and directed that the declaration be gazetted. She also ordered Tai Yeow to pay RM20,000 in costs to his father and the 10 companies.

The father, aged 96 this year, and his 63-year-old son have been embroiled in legal disputes since 2017.

In June 2024, Woon Wah and the companies filed a High Court suit to have Tai Yeow declared a vexatious litigant. The 10 companies include Raub Mining & Development Company Sdn Bhd (RMDC), Raub Oil Mill Sdn Bhd, and eight corporate shareholders of RMDC, such as Berjaya Realty Sdn Bhd and United Raub Oil Palms Sdn Bhd.

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In her 24-page written judgment dated May 6, Justice Roz Mawar highlighted a “protracted legal drama” between father and son that has flooded Malaysian courts since 2017.

The family feud reportedly began after Woon Wah publicly disowned and disinherited Tai Yeow via a newspaper announcement on March 7, 2017.

Court proceedings initiated by Tai Yeow include a 2017 lawsuit claiming ownership of RMDC shares based on an alleged January 2017 shareholders’ agreement with his father. While the Court of Appeal in 2022 ruled the suit should proceed to trial, it found no basis for action against the corporate shareholders.

Despite ongoing trials, Tai Yeow filed a fresh suit in February 2024 based on the same alleged agreement. The High Court struck out this case, and he has since filed an appeal.

Other cases initiated by Tai Yeow include nine failed applications for leave to start contempt proceedings and a December 2021 bid to assess his father’s mental capacity. The latter was struck out in February 2023, with the court deeming it baseless, oppressive, and an abuse of process.

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In its ruling, the High Court found that Tai Yeow’s repeated litigation and collateral proceedings placed significant burdens on his father, the companies, and the judiciary.

Justice Roz Mawar emphasised that constitutional rights to liberty and equality must operate within legal bounds and respect final judicial decisions.

“Courts are empowered to act when access to justice is transformed into a tool for harassment and oppression,” she said.

The court concluded that Tai Yeow had misused the judicial system for personal grievances rather than resolving genuine legal issues. It noted that his persistent pursuit of settled matters crossed the line into harassment and abuse of process.