31 Oct 2025
HONG XIN CONSTRUCTION SDN BHD TETUAN CHONG + KHENG HOE
- Citation
- JA-17D-1-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-17D-1-02/2024 (Mahkamah Tinggi)
The court dismissed the committal action as premature and an abuse of process because the core factual issue (service of invoices) was already finally determined in the substantive suit (20.8.2024) and remains subject to appeal; finality/res judicata bars relitigation of the same facts in committal proceedings. Although s.410 moratorium does not automatically bar committal (criminal/quasi-criminal jurisdiction retained), it was unnecessary to resolve that bar because the committal was founded on an issue already finally adjudicated. Costs awarded on party-and-party basis (RM3,000 per successf…