AMBER MEMORY SDN BHD WFC DEVELOPMENT

AMBER MEMORY SDN BHD WFC DEVELOPMENT

Enclosure 1 (the originating summons) is dismissed because the affidavit in support was not signed by the deponent rendering the application defective and, alternatively, the application is an abuse of process since the Plaintiff's appeal had been struck out on the merits and not pursued, so the Sessions Court judgment remained valid and cannot be attacked by the OS.

Citation
JA-24NCVC-196-04/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Amber Memory Sdn Bhd; Defendant: WFC Development Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 September 2020
Case Number
JA-24NCVC-196-04/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons to Set Aside Sessions Court Judgment (rule 92, Rules of Court 2012) / High Court Grounds of Decision (final Disposition)
Outcome
Enclosure 1 dismissed.
Legal Topics
Setting Aside Judgment, Stare Decisis, Res Judicata, Abuse of Process, Liquidated and Ascertained Damages, Vacant Possession, Appeal Procedure, Affidavit Formalities
Source Language
Malay/English
Civil Procedure Contract Property Law Company Law Setting Aside Judgment Stare Decisis Res Judicata Abuse of Process +4 more

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Parties

Amber Memory Sdn Bhd

Plaintiff

WFC Development Sdn Bhd

Defendant

Procedural Posture

Originating Summons to Set Aside Sessions Court Judgment (rule 92, Rules of Court 2012) / High Court Grounds of Decision (final Disposition)

Legal Issues

  1. 1 Whether the affidavit in support was validly signed and thus admissible
  2. 2 Whether an originating summons can set aside a valid Sessions Court judgment after the appeal process was exhausted
  3. 3 Whether the application amounted to abuse of process / res judicata / second bite of the cherry

Ratio Decidendi

Enclosure 1 (the originating summons) is dismissed because the affidavit in support was not signed by the deponent rendering the application defective and, alternatively, the application is an abuse of process since the Plaintiff's appeal had been struck out on the merits and not pursued, so the Sessions Court judgment remained valid and cannot be attacked by the OS.

Court Disposition

Enclosure 1 dismissed.

Orders

  • Enclosure 1 dismissed.