Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Consent judgment and estoppel

Legal area

Court

20 Mar 2025

POSITIVE PROSPECT SDN BHD KOPERASI KEMAS NEGERI SEMBILAN BERHAD

Citation

NA-A52NCvC-86-09/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A52NCvC-86-09/2024 (Mahkamah Sesyen)

The court found the Defendant had made clear, unqualified admissions in the Consent Judgment and correspondence which disposed of liability; consequently Order 27 r.3 warranted judgment for the Plaintiff and, because the Defendant's counterclaim was inconsistent with and barred by the Consent Judgment and disclosed no reasonable cause of action, it was plain and obvious and properly struck out under Order 18 r.19.
5 Jul 2021

WONG KOK WAH (NRIC NO: 631031-08-5061) IPOH SPECIALIST HOSPITAL SDN BHD [No Syarikat: 39586-a] (A MEMBER OF THE KPJ HEALTHCARE BERHAD GROUP)

Citation

AA-29NCC-15-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-29NCC-15-01/2020 (Mahkamah Tinggi)

The JD was not a party to the Ipoh High Court consent judgment and therefore not estopped from enforcement by that instrument; the bankruptcy notice was validly served by substituted service and the JD failed to dispute the quantum within the seven‑day statutory period, thus committing an act of bankruptcy; the JD had not pleaded the aliquot‑liability argument in his application and, as at the date of the decision, binding authority supported enforcement of the full judgment against one debtor, so the appeal was dismissed and the BN upheld.