JOSEPH A/L IRUTHAYAM (beramal sebagai milikan tunggal atas nama dan gaya Tetuan Joseph Iruthayam & Co) Chang Yoon Foo

JOSEPH A/L IRUTHAYAM (beramal sebagai milikan tunggal atas nama dan gaya Tetuan Joseph Iruthayam & Co) Chang Yoon Foo

The Originating Summons is dismissed because it amounts to an impermissible collateral attack and abuse of process, is barred by res judicata, fails to produce fresh evidence sufficient to impeach prior judgments or establish fraud, and the proper remedy was an appeal to the Court of Appeal; therefore the Court will not set aside the Sessions Court summary judgment or the High Court dismissal.

Citation
WA-24NCC-757-07/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Joseph A/L Iruthayam; Original Defendant (deceased): Chang Yoke Phor; Substituted Defendant (executor): Chang Yoon Foo
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 August 2023
Case Number
WA-24NCC-757-07/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons to Set Aside Summary Judgment / Judgment (high Court, Commercial Division, Dismissed)
Outcome
Originating Summons dismissed with costs in favour of the Defendant; Enclosure 27 (joinder application) previously dismissed with costs in the cause.
Legal Topics
Summary Judgment, Res Judicata, Collateral Attack, Fraudulent Procurement of Judgment, Joinder of Parties, Appeal Procedure, Locus Standi
Source Language
Malay/English
Civil Procedure Evidence Law Company Law Contract Law Summary Judgment Res Judicata Collateral Attack Fraudulent Procurement of Judgment +3 more

Case Brief

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Parties

Joseph A/L Iruthayam

Plaintiff

Chang Yoke Phor

Original Defendant (deceased)

Chang Yoon Foo

Substituted Defendant (executor)

Procedural Posture

Originating Summons to Set Aside Summary Judgment / Judgment (high Court, Commercial Division, Dismissed)

Legal Issues

  1. 1 Whether the Originating Summons impermissibly collaterally attacks earlier court decisions
  2. 2 Whether alleged fraud or fresh evidence justifies setting aside the Sessions Court summary judgment and the High Court appeal dismissal
  3. 3 Whether the Plaintiff had locus standi and proper procedural route to challenge the judgments

Ratio Decidendi

The Originating Summons is dismissed because it amounts to an impermissible collateral attack and abuse of process, is barred by res judicata, fails to produce fresh evidence sufficient to impeach prior judgments or establish fraud, and the proper remedy was an appeal to the Court of Appeal; therefore the Court will not set aside the Sessions Court summary judgment or the High Court dismissal.

Court Disposition

Originating Summons dismissed with costs in favour of the Defendant; Enclosure 27 (joinder application) previously dismissed with costs in the cause.

Orders

  • Originating Summons dismissed with costs in favour of the Defendant
  • Enclosure 27 (application to add Profound Projects Sdn Bhd) dismissed with costs in the cause