STONE WORLD SDN BHD ENGAREH (M) SDN BHD

STONE WORLD SDN BHD ENGAREH (M) SDN BHD

The Court held the High Court had jurisdiction under its inherent powers (O 92 r 4 ROC) to grant the consequential order to prevent injustice caused by the appellants persistent refusal and intervening events that rendered the Initial Judgment unworkable; Stone World failed to show the consequential order was made in contravention of any substantive statutory provision as required by Badiaddin; s44 Evidence Act is evidentiary and not a standalone remedy; res judicata/issue estoppel and the partiesprior conduct barred the impeachment attempt. Consequently the appeal was dismissed and the High Court order affirmed.

Citation
W-02(NCVC)(A)-2124-10/2018 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Stone World Sdn Bhd; Respondent/defendant: Engareh (M) Sdn Bhd
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
26 February 2019
Case Number
W-02(NCVC)(A)-2124-10/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeal (final Disposition)
Outcome
Appeal dismissed; High Court judgment dated 4.10.2018 affirmed
Legal Topics
Consequential Orders, Inherent Jurisdiction, Functus Officio, Impeachment of Judgment, Section 44 Evidence Act 1950, Res Judicata, Issue Estoppel, Enforcement of Delivery (o 45 R 4 Roc), Assessment of Damages, Winding Up (companies Act)
Source Language
Malay/English
Civil Procedure Company Law Evidence Law Equity Property/tort (detinue) Consequential Orders Inherent Jurisdiction Functus Officio +7 more

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Parties

Stone World Sdn Bhd

Appellant/plaintiff

Engareh (M) Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeal (final Disposition)

Legal Issues

  1. 1 Whether the High Court had power under O 92 r 4 ROC to grant the consequential order
  2. 2 Whether the consequential order impermissibly varied the Initial Judgment making the court functus officio
  3. 3 Whether impeachment of the consequential order required showing contravention of a substantive statutory provision under Badiaddin

Ratio Decidendi

The Court held the High Court had jurisdiction under its inherent powers (O 92 r 4 ROC) to grant the consequential order to prevent injustice caused by the appellants persistent refusal and intervening events that rendered the Initial Judgment unworkable; Stone World failed to show the consequential order was made in contravention of any substantive statutory provision as required by Badiaddin; s44 Evidence Act is evidentiary and not a standalone remedy; res judicata/issue estoppel and the partiesprior conduct barred the impeachment attempt. Consequently the appeal was dismissed and the High Court order affirmed.

Court Disposition

Appeal dismissed; High Court judgment dated 4.10.2018 affirmed

Orders

  • Appeal dismissed and High Court order dated 4.10.2018 affirmed
  • Costs fixed at RM20,000.00 subject to allocatur fees