30 Nov 2023
BUMISETIA POWER SDN BHD TAN CHIN SIEA
- Citation
- BA-22NCvC-130-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-130-05/2020 (Mahkamah Tinggi)
The plaintiff's claim was dismissed because the plaintiff sought to rely on material facts and detailed particulars (non‑contribution of capital, diversion of proceeds and LAD) that were not pleaded in the statement of claim; the Court therefore disregarded those unpleaded facts and related evidence, leaving the pleaded case unproven on the balance of probabilities. Further, even if those matters were admissible, issues already ventilated and decided in the Sandakan Suit attracted res judicata/issue estoppel considerations and the Court may not adopt findings from that judgment where appeals…