Litigation Privilege

Wang Han Lin & Ors v. HSBC Bank Malaysia Berhad [2017] MLJU 1075

It has been recognised by practitioners that although the Evidence Act is silent on litigation privilege, common law of litigation privilege exists in our jurisdiction. However in 2016, the Court of Appeal in TBN v. Bukit Lenang Development Sdn Bhd decided otherwise. In the present case, Mr Benjamin Dawson successfully persuaded panel of the Court of Appeal to decide that TNB’s case was wrongly decided and to hold that litigation privilege exists in Malaysia.