YONMING AUTO & INDUSTRIAL PARTS (ALOR STAR) SDN. BHD LEONG BENG WEI PIHAK KETIGA WONG POH KEONG

YONMING AUTO & INDUSTRIAL PARTS (ALOR STAR) SDN. BHD LEONG BENG WEI PIHAK KETIGA WONG POH KEONG

The court held the present claim was essentially the same cause of action as previously adjudicated in KA-A72NCC-125-11/2021 which was dismissed and affirmed on appeal; accordingly res judicata applies and, in any event, Plaintiff failed to prove loss on the balance of probabilities; therefore Plaintiff's claim is...

Source-derived case information.

Citation
KA-A72NCvC-223-08/2024 (Mahkamah Majistret)
Parties
PLAINTIF: YONMING AUTO & INDUSTRIAL PARTS (ALOR STAR) SDN BHD; DEFENDAN: LEONG BENG WEI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
1 October 2025
Case Number
KA-A72NCvC-223-08/2024 (Mahkamah Majistret)
Procedural Posture
Civil Breach of Contract (employment) / Appeal Against Magistrate's Decision After Full Trial
Outcome
Plaintiff's claim dismissed.
Legal Topics
Breach of Employment Contract, Damages, Onus of Proof, Res Judicata, Costs
Contract Law Employment Law Civil Procedure Evidence Law Res Judicata Breach of Employment Contract Damages Onus of Proof +1 more

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Parties

YONMING AUTO & INDUSTRIAL PARTS (ALOR STAR) SDN BHD

PLAINTIF

LEONG BENG WEI

DEFENDAN

Procedural Posture

Civil Breach of Contract (employment) / Appeal Against Magistrate's Decision After Full Trial

  1. 1 Whether Defendant signed agreements on behalf of Plaintiff without authority contrary to employment contract
  2. 2 Whether Plaintiff established loss of RM35,469.80 on balance of probabilities
  3. 3 Whether the claim is barred by res judicata due to prior dismissed suit KA-A72NCC-125-11/2021

Ratio Decidendi

The court held the present claim was essentially the same cause of action as previously adjudicated in KA-A72NCC-125-11/2021 which was dismissed and affirmed on appeal; accordingly res judicata applies and, in any event, Plaintiff failed to prove loss on the balance of probabilities; therefore Plaintiff's claim is dismissed with costs as per the court scale.

Court Disposition

Plaintiff's claim dismissed.

Orders

  • Plaintiff's claim is dismissed.
  • Costs to Defendant in accordance with the scale in the Kaedah-Kaedah Mahkamah 2012.