3 Jun 2022
AFFIN BANK BERHAD 1. ) KHASAL JAYA SDN BHD 2. ) FELDA PROPERTIES SDN BHD
- Citation
- WA-22NCvC-190-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-190-03/2021 (Mahkamah Tinggi)
The claim against the 2nd Defendant was struck out because the Construction Court judgment of 19-7-2021 conclusively determined that no sums were payable by the 2nd Defendant to the 1st Defendant; the Plaintiff's entitlement under the Deed of Assignment is wholly dependent on the existence of sums due from the 2nd Defendant to the 1st Defendant, so that judgment operates as res judicata and renders the Plaintiff's claim obviously unsustainable and devoid of a valid cause of action.