SAYYID SHAH BIN ABDULLAH 1. ) NG SEING LIONG 2. ) NG CHOON JIN 3. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

SAYYID SHAH BIN ABDULLAH 1. ) NG SEING LIONG 2. ) NG CHOON JIN 3. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

The court found the present originating summons rehashed the same factual substratum and legal issues already adjudicated in OS 107; the bank had validly appointed D1 and D2 and complied with statutory filing and notice obligations; the present suit is barred by res judicata/issue estoppel and constitutes an abuse...

Source-derived case information.

Citation
WA-24NCC-957-10/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Sayyid Shah bin Abdullah; 1st Defendant (joint Receiver & Manager): Ng Seing Liong; 2nd Defendant (joint Receiver & Manager): Ng Choon Jin; 3rd Defendant (bank): Small Medium Enterprise Development Bank Malaysia Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 May 2023
Case Number
WA-24NCC-957-10/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Striking Out Applications Heard and Judgment Delivered
Outcome
Striking out applications allowed; originating summons struck out as barred by res judicata and abuse of process
Legal Topics
Strike Out Under Order 18 R 19 ROC 2012, Res Judicata, Issue Estoppel, Abuse of Process, Appointment of Receiver and Manager, Notice Requirements Under Companies Act 2016, Injunctive Relief
Companies Law Civil Procedure Commercial Law Equity and Trusts Strike Out Under Order 18 R 19 ROC 2012 Res Judicata Issue Estoppel Abuse of Process +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sayyid Shah bin Abdullah

Plaintiff

Ng Seing Liong

1st Defendant (joint Receiver & Manager)

Ng Choon Jin

2nd Defendant (joint Receiver & Manager)

Small Medium Enterprise Development Bank Malaysia Berhad

3rd Defendant (bank)

Procedural Posture

Originating Summons / Striking Out Applications Heard and Judgment Delivered

Legal Issues

  1. 1 Whether the appointment of the 1st and 2nd Defendants as Receiver & Manager was valid and complied with the Debenture and Companies Act 2016 (s 377 and s 388)
  2. 2 Whether the present originating summons is barred by res judicata or issue estoppel by reason of earlier decision in OS 107
  3. 3 Whether the present proceedings constitute an abuse of the court's process and are therefore liable to be struck out

Ratio Decidendi

The court found the present originating summons rehashed the same factual substratum and legal issues already adjudicated in OS 107; the bank had validly appointed D1 and D2 and complied with statutory filing and notice obligations; the present suit is barred by res judicata/issue estoppel and constitutes an abuse of process. Accordingly the striking out applications were allowed and the originating summons and related interlocutory application were struck out with costs.

Court Disposition

Striking out applications allowed; originating summons struck out as barred by res judicata and abuse of process

Orders

  • Applications in Enc.8 and Enc.10 allowed
  • Originating Summons (Enc.1) and related interlocutory application struck out/dismissed