15 Jul 2022
3Q RESOURCES (M) SDN BHD 1. ) MAGNUM CONSORTIUM SDN BHD 2. ) HONG YEAM WAH
- Citation
- P-02(IM)(NCvC)-878-07/2020 (Mahkamah Rayuan)
- Court
- IM
- Case number
- P-02(IM)(NCvC)-878-07/2020 (Mahkamah Rayuan)
The Court of Appeal held the High Court judge erred in striking out the appellant's suit and in ordering removal of the caveat because the pleadings raised substantial triable issues of mixed law and fact (validity of shareholder mandate under s.132C, compliance with an Order for Sale, notice to purchasers affecting bona fide purchaser status, and applicability of s.340(4) NLC). The appellate court found res judicata/issue estoppel did not bar the claims because earlier adverse findings had been reversed or did not finally determine the issues, and therefore the claims warranted a full trial;…