1. GAN CHON TAT (NO KP: 590916-03-5397) 2. AONG CHAI NGAA (NO KP: 370302-03-5072) Pentadbir Bersama Harta Pesaka Can Soon Cheow (No KP: 1510525), Si Mati 1. GAM JIN SIM @ GAN GIM SIM (NO KP: 320605-03-5058 / 3756622) 2. GAM JIN SIM @ GAN GI

1. GAN CHON TAT (NO KP: 590916-03-5397) 2. AONG CHAI NGAA (NO KP: 370302-03-5072) Pentadbir Bersama Harta Pesaka Can Soon Cheow (No KP: 1510525), Si Mati 1. GAM JIN SIM @ GAN GIM SIM (NO KP: 320605-03-5058 / 3756622) 2. GAM JIN SIM @ GAN GI

The Court held the present suit was an attempt to relitigate issues already finally decided in KL High Court Suit 811, no appeal having been taken; absent pleaded fraud or suppression of material evidence the plaintiffs could not re-open the prior decision; the claim therefore constituted an abuse of process and was struck out under O 18 r 19(1)(d) ROC.

Citation
DA-22NCVC-28-06/2018 (Mahkamah Tinggi)
Parties
Plaintiff / Co Administrator of Estate of Can Soon Cheow (deceased): Gan Chon Tat; Plaintiff / Co Administrator of Estate of Can Soon Cheow (deceased): Aong Chai Nga; Defendant / Administrator of Estate of Gan Lai Kim (deceased): Gam Jin Sim @ Gan Gim Sim; Defendant (duplicate Entry in Pleadings): Gam Jin Sim @ Gan Gim Sim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2020
Case Number
DA-22NCVC-28-06/2018 (Mahkamah Tinggi)
Procedural Posture
Civil (probate and Administration) / Interlocutory Application to Strike Out Under Order 18 Rule 19, High Court (kota Bharu)
Outcome
Application in Encl 47 allowed; plaintiff's suit struck out as abuse of process / res judicata
Legal Topics
Res Judicata, Issue Estoppel, Abuse of Process, Letters of Administration, Strike Out Under Order 18 Rule 19, Finality of Litigation
Source Language
Malay/English
Probate and Administration Civil Procedure Property Law Trusts and Estates Res Judicata Issue Estoppel Abuse of Process Letters of Administration +2 more

Case Brief

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Parties

Gan Chon Tat

Plaintiff / Co Administrator of Estate of Can Soon Cheow (deceased)

Aong Chai Nga

Plaintiff / Co Administrator of Estate of Can Soon Cheow (deceased)

Gam Jin Sim @ Gan Gim Sim

Defendant / Administrator of Estate of Gan Lai Kim (deceased)

Gam Jin Sim @ Gan Gim Sim

Defendant (duplicate Entry in Pleadings)

Procedural Posture

Civil (probate and Administration) / Interlocutory Application to Strike Out Under Order 18 Rule 19, High Court (kota Bharu)

Legal Issues

  1. 1 Whether the instant claim is barred by res judicata/issue estoppel due to prior KL High Court decision in OS No. 31-VCVC-811-08/2012
  2. 2 Whether the plaintiffs are attempting to circumvent the appeal process thereby amounting to abuse of process
  3. 3 Whether the court should re-open prior adjudication absent pleaded fraud or suppression of material evidence

Ratio Decidendi

The Court held the present suit was an attempt to relitigate issues already finally decided in KL High Court Suit 811, no appeal having been taken; absent pleaded fraud or suppression of material evidence the plaintiffs could not re-open the prior decision; the claim therefore constituted an abuse of process and was struck out under O 18 r 19(1)(d) ROC.

Court Disposition

Application in Encl 47 allowed; plaintiff's suit struck out as abuse of process / res judicata

Orders

  • Costs awarded to defendants in the sum of RM15,000 subject to allocatur