Malaysia Case Law: Decisions & Judgments

Topic

Res judicata (cause and issue estoppel)

Legal area

Court

25 Nov 2025

PERUNDING IZA'D SENDIRIAN BERHAD 1. ) Ketua Setiausaha Kementerian Pertahanan Malaysia 2. ) Kerajaan Malaysia

Citation

KA-12BNCvC-7-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-12BNCvC-7-10/2024 (Mahkamah Tinggi)

Appeal dismissed because appellant sued a non-contracting party in circumstances of privity under a design-and-build model, the claim was barred by res judicata and/or limitation as applicable, and there was no finding that the Sessions Court was plainly wrong on facts; Sessions Court judgment affirmed.
15 Sept 2022

WONG YEE MEI @ CYNTHIA YVONNE WONG YEE WOON

Citation

WA-22NCvC-676-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-676-10/2020 (Mahkamah Tinggi)

The Court held the Plaintiff lacked capacity to continue the suit because the High Court in OS No.642 had terminated her appointment as administrator and Amanah Raya was the appointed administrator; the pleadings and reliefs showed she sued as administrator and no consent or new appointment was obtained. Further, the claims and issues presented were or should have been litigated in earlier Suit No.136 and are therefore barred by res judicata/estoppel. Consequently the Defendant's pre-trial application succeeded and the Action was dismissed with costs.
21 Jul 2022

WA SKILLS TRAINING MALAYSIA SDN BHD 1. ) NURAIN BINTI MOHD SAKIRIN 2. ) PETER JOHN COOKE

Citation

BA-22NCvC-432-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-432-10/2020 (Mahkamah Tinggi)

The application to set aside was dismissed because the JIDs were regularly obtained by valid substituted service and service out of jurisdiction, the defendants were aware of proceedings yet unreasonably delayed without satisfactory explanation, and their proposed defence (res judicata) failed because prior actions were discontinued without any express bar to refiling; accordingly no prima facie triable defence was shown.

Malaysia Case Law

PERUNDING IZA'D SENDIRIAN BERHAD 1. ) Ketua Setiausaha Kementerian Pertahanan Malaysia 2. ) Kerajaan Malaysia

WONG YEE MEI @ CYNTHIA YVONNE WONG YEE WOON

WA SKILLS TRAINING MALAYSIA SDN BHD 1. ) NURAIN BINTI MOHD SAKIRIN 2. ) PETER JOHN COOKE