ALI BIN TAN SRI ABDUL KADIR DAN LAIN-LAIN V SIMPANG EMPAT PLANTATION SDN BHD
- Citation
- ALI BIN TAN SRI ABDUL KADIR DAN LAIN-LAIN V SIMPANG EMPAT PLANTATION SDN BHD
- Court
- Malaysian court
The Federal Court held the prior dismissal in Simpang Empat No.1 was a preliminary ruling on locus standi and not a final adjudication barring relitigation; because Kimlin altered the legal position on receivers' power of sale and there is an arguable case the sale may be void, res judicata did not prevent the directors from bringing the present action; the preliminary objection should be decided in light of Kimlin but the ultimate effect is to be determined by the High Court on the merits.