M&M INDUSTRIAL SUPPLY SDN. BHD. HENG DA LOGISTIC (M) SDN. BHD.

M&M INDUSTRIAL SUPPLY SDN. BHD. HENG DA LOGISTIC (M) SDN. BHD.

The Court held the application to call the deponent for cross-examination was an abuse of process and effectively sought to reopen matters already finally decided; allegations of fraud did not make this the appropriate forum when alternative remedies existed and the Court could decide the interlocutory matter without cross-examination, therefore Lampiran 113 was dismissed with costs RM2,000.

Citation
CA-B52NCvC-16-08/2021 (Mahkamah Sesyen)
Parties
Plaintiff/appellant: M&M INDUSTRIAL SUPPLY SDN. BHD.; Defendant/respondent: HENG DA LOGISTIC (M) SDN. BHD.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
15 November 2024
Case Number
CA-B52NCvC-16-08/2021 (Mahkamah Sesyen)
Procedural Posture
Interlocutory Appeal / Judgment on Interlocutory Application to Cross Examine Deponent
Outcome
Notis Permohonan (Lampiran 113) dismissed
Legal Topics
Cross Examination of Affidavit, Mareva Injunction (post Judgment), Res Judicata, Abuse of Process, Costs
Source Language
Malay/English
Civil Procedure Injunctions Company Law Civil Fraud Cross Examination of Affidavit Mareva Injunction (post Judgment) Res Judicata Abuse of Process +1 more

Case Brief

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Parties

M&M INDUSTRIAL SUPPLY SDN. BHD.

Plaintiff/appellant

HENG DA LOGISTIC (M) SDN. BHD.

Defendant/respondent

Procedural Posture

Interlocutory Appeal / Judgment on Interlocutory Application to Cross Examine Deponent

Legal Issues

  1. 1 Whether the deponent to an affidavit may be ordered to attend for cross-examination under O.38 r.2(2) and/or the Court's inherent powers
  2. 2 Whether the application to cross-examine is an abuse of process or seeks to re-litigate matters already decided (res judicata)
  3. 3 Whether allegations of fraud justify reopening concluded proceedings by ordering cross-examination of the deponent

Ratio Decidendi

The Court held the application to call the deponent for cross-examination was an abuse of process and effectively sought to reopen matters already finally decided; allegations of fraud did not make this the appropriate forum when alternative remedies existed and the Court could decide the interlocutory matter without cross-examination, therefore Lampiran 113 was dismissed with costs RM2,000.

Court Disposition

Notis Permohonan (Lampiran 113) dismissed

Orders

  • Notis Permohonan Lampiran 113 dismissed
  • Costs awarded: RM2,000 to be paid by the Plaintiff/Appellant