Judge warns litigants against using recusal bids to stall trials

Kuala Lumpur High Court judge Leong Wai Hong has dismissed recusal applications from defendants in two multi-million-ringgit corporate lawsuits, cautioning litigants against targeting judicial bias to secure new judges or delay proceedings. The legal dispute, involving German medical technology firm Brainlab AG and its Hong Kong subsidiary, centers on alleged unauthorized device-rental schemes, breaches of fiduciary duties, and secret profits by former regional sales director S Jayaveeran and associates.

Justice Leong's 110-page judgment warned against granting recusal based on flimsy grounds, citing precedents from Malaysian and Singaporean courts. The plaintiffs contested the defendants' claims that the judge had pre-decided liability, but shared evidence from a WhatsApp message suggesting otherwise. The judge emphasized that defendants had participated in both proceedings without objection for over two years, casting doubt on the timing of the recusal applications.

The defendants were ordered to cover RM1.3 million in legal costs, and the trial dates for the second suit were set for later in the year.