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Defendants failed to demonstrate that the Plaintiffs' claim in Suit 199 was plainly unsustainable or conclusively barred by multiplicity of actions, res judicata or estoppel; material disputed facts (including statutory declaration implicating partners, issuance of cheques, alleged negligence and potential vicarious liability) required resolution at a full trial, therefore the High Court's dismissal of the strike-out applications and consequent refusal to strike out were correct and the appeals were dismissed.

Citation
P-02(IM)(NCvC)-2334-12/2021 (Mahkamah Rayuan)
Parties
Appellant (group of Partners; Former Defendant 3 and Defendants 4 14 in High Court): Shahrizat, Rashid & Lee; Appellant (former Defendant 2 in High Court): Lim Mook San; Respondent / Plaintiff (administrator of Estates): Elvi Sazali Bin Ja'afar; Respondent / Plaintiff (administrator of Estates): Bakar Bin Othman; Respondent / Plaintiff (administrator of Estates): Abd Samat Bin Othman; Respondent / Plaintiff (administrator of Estates): Jermiah Binti Abdullah; Respondent / Plaintiff (administrator of Estates): Hasnah Binti Abdullah; Respondent / Plaintiff: Jamaludin Bin Zakaria; Respondent / Plaintiff: Mohd Roslan Bin Zakariah; Respondent / Plaintiff: Rosilawati Binti Zakaria
Court
IM
Jurisdiction
Malaysia
Judgment Date
29 November 2024
Case Number
P-02(IM)(NCvC)-2334-12/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Dismissal of Strike Out Applications (order 18 R.19 ROC 2012)
Outcome
Both appeals dismissed
Legal Topics
Strike Out Under Order 18 R.19 ROC 2012, Res Judicata, Multiplicity of Actions, Abuse of Process, Estoppel, Vicarious Liability, Misappropriation of Stakeholder Monies, Statutory Declaration Evidence
Source Language
Malay/English
Civil Procedure Civil Litigation Professional Negligence Trusts and Fiduciary Duties Partnership Law Strike Out Under Order 18 R.19 ROC 2012 Res Judicata Multiplicity of Actions +5 more

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Parties

Shahrizat, Rashid & Lee

Appellant (group of Partners; Former Defendant 3 and Defendants 4 14 in High Court)

Lim Mook San

Appellant (former Defendant 2 in High Court)

Elvi Sazali Bin Ja'afar

Respondent / Plaintiff (administrator of Estates)

Bakar Bin Othman

Respondent / Plaintiff (administrator of Estates)

Abd Samat Bin Othman

Respondent / Plaintiff (administrator of Estates)

Jermiah Binti Abdullah

Respondent / Plaintiff (administrator of Estates)

Hasnah Binti Abdullah

Respondent / Plaintiff (administrator of Estates)

Jamaludin Bin Zakaria

Respondent / Plaintiff

Mohd Roslan Bin Zakariah

Respondent / Plaintiff

Rosilawati Binti Zakaria

Respondent / Plaintiff

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Dismissal of Strike Out Applications (order 18 R.19 ROC 2012)

Legal Issues

  1. 1 Whether the Plaintiffs' claim discloses no reasonable cause of action and is plainly unsustainable
  2. 2 Whether Suit 199 is barred by multiplicity of actions, res judicata or estoppel
  3. 3 Whether disputed factual issues (including alleged siphoning of stakeholder monies, partner knowledge and negligence) can be resolved summarily

Ratio Decidendi

Defendants failed to demonstrate that the Plaintiffs' claim in Suit 199 was plainly unsustainable or conclusively barred by multiplicity of actions, res judicata or estoppel; material disputed facts (including statutory declaration implicating partners, issuance of cheques, alleged negligence and potential vicarious liability) required resolution at a full trial, therefore the High Court's dismissal of the strike-out applications and consequent refusal to strike out were correct and the appeals were dismissed.

Court Disposition

Both appeals dismissed

Orders

  • Appeals dismissed
  • Costs of RM10000.00 for each appeal payable subject to allocator