KONSORTIUM LORD-SABERKAT SDN BHD PETRON MALAYSIA REFINING & MARKETING BHD

KONSORTIUM LORD-SABERKAT SDN BHD PETRON MALAYSIA REFINING & MARKETING BHD

The Court of Appeal affirmed the High Court: the present suit seeks to relitigate the same contract and facts that formed the foundation of the earlier suit, the claims could and should have been raised earlier, and therefore are barred by res judicata/estoppel and constitute an abuse of the court's process; striking out under Order 18 r.19 was proper as the claim was plainly unsustainable.

Citation
W-02(IM)(NCVC)-850-05/2019 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Konsortium Lord-Saberkat Sdn Bhd; Respondent/defendant: Petron Malaysia Refining & Marketing Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
9 January 2020
Case Number
W-02(IM)(NCVC)-850-05/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court Strike Out Application
Outcome
Appeal dismissed; High Court order striking out the plaintiff's claim affirmed.
Legal Topics
Strike Out Under Order 18 R.19 ROC 2012, Issue Estoppel, Cause of Action Estoppel, Henderson V Henderson Abuse of Process, Finality of Litigation
Source Language
Malay/English
Civil Procedure Contract Law Administrative Law (abuse of Process) Equitable Estoppel/res Judicata Strike Out Under Order 18 R.19 ROC 2012 Issue Estoppel Cause of Action Estoppel Henderson V Henderson Abuse of Process +1 more

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Parties

Konsortium Lord-Saberkat Sdn Bhd

Appellant/plaintiff

Petron Malaysia Refining & Marketing Bhd

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court Strike Out Application

Legal Issues

  1. 1 Whether the Statement of Claim is scandalous, frivolous or vexatious and/or an abuse of court process under Order 18 r.19 ROC 2012
  2. 2 Whether the present claims are barred by res judicata/cause of action estoppel or issue estoppel
  3. 3 Whether matters in the present suit could and should have been raised in the earlier First Suit

Ratio Decidendi

The Court of Appeal affirmed the High Court: the present suit seeks to relitigate the same contract and facts that formed the foundation of the earlier suit, the claims could and should have been raised earlier, and therefore are barred by res judicata/estoppel and constitute an abuse of the court's process; striking out under Order 18 r.19 was proper as the claim was plainly unsustainable.

Court Disposition

Appeal dismissed; High Court order striking out the plaintiff's claim affirmed.

Orders

  • Appeal dismissed with costs of RM10,000.00 subject to payment of allocator fees
  • High Court order striking out the Statement of Claim under Order 18 r.19 ROC 2012 affirmed