THE SCOTCH WHISKY ASSOCIATION & ANOR V EWIN WERY (M) SDN BHD
- Citation
- THE SCOTCH WHISKY ASSOCIATION & ANOR V EWIN WERY (M) SDN BHD
- Court
- Malaysian court
The court held that the defendants could not re‑open the locus standi issue already decided in the proceedings because res judicata prevents re‑agitation of matters decided at an earlier stage; accordingly the defendants' attempt to re‑raise locus standi via a strike‑out summons was disallowed and the court proceeded to consider the merits of the passing off claim.