Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.

Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.

Enclosure 121 is dismissed because distinct arbitration agreements exist between the parties and the Arbitration Act 2005 governs arbitration matters; section 24A(2) CJA is inapplicable where arbitration agreements govern, the issues raised were previously decided (res judicata/functus officio) and the application amounts to abuse of process and estoppel; party autonomy and arbitration procedures (including appointment of experts) must be respected.

Citation
WA-22C-24-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff: UZMA ENGINEERING SDN BHD; 1st Defendant: KHAN CO LTD; 2nd Defendant: KONG OFFSHORE MALAYSIA SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 August 2023
Case Number
WA-22C-24-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Interlocutory Application Under Section 24 A(2) Courts of Judicature Act 1964 (enclosure 121) — Dismissed
Outcome
Enclosure 121 dismissed
Legal Topics
Section 24 a Courts of Judicature Act 1964, Arbitration Act 2005, Stay of Proceedings Under Section 10 AA 2005, Kompetenz Kompetenz, Party Autonomy, Res Judicata, Functus Officio, Anti Suit Injunction
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Judicial Estoppel Abuse of Process Section 24 a Courts of Judicature Act 1964 Arbitration Act 2005 Stay of Proceedings Under Section 10 AA 2005 +5 more

Case Brief

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Parties

UZMA ENGINEERING SDN BHD

Plaintiff

KHAN CO LTD

1st Defendant

KONG OFFSHORE MALAYSIA SDN BHD

2nd Defendant

Procedural Posture

Civil Suit / Interlocutory Application Under Section 24 A(2) Courts of Judicature Act 1964 (enclosure 121) — Dismissed

Legal Issues

  1. 1 Whether section 24A(2) CJA applies to refer the cause to a single arbitrator
  2. 2 Whether the cause involves prolonged examination of documents or matters of account
  3. 3 Whether distinct arbitration agreements exist between the parties and govern dispute resolution

Ratio Decidendi

Enclosure 121 is dismissed because distinct arbitration agreements exist between the parties and the Arbitration Act 2005 governs arbitration matters; section 24A(2) CJA is inapplicable where arbitration agreements govern, the issues raised were previously decided (res judicata/functus officio) and the application amounts to abuse of process and estoppel; party autonomy and arbitration procedures (including appointment of experts) must be respected.

Court Disposition

Enclosure 121 dismissed

Orders

  • Enclosure 121 dismissed by the High Court
  • Plaintiff ordered to pay costs of RM10000 to the 1st Defendant