27 Feb 2025
1. ) SELVARAJ A/L SANDOSHOM 2. ) DEVATHAN JAMAL LILY ALLIANCE BANK MALAYSIA BERHAD
- Citation
- WA-12ANCC-82-09/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCC-82-09/2024 (Mahkamah Tinggi)
The appeal was allowed: the Present Suit is barred by res judicata because the Respondent's cause of action merged into the Amended Judgment in Default in the First Suit and no fresh cause of action arose from the sale of the property; furthermore the cause of action accrued on default (letter of demand 9.5.2003) and the claim is time-barred under s6 of the Limitation Act 1953, so the Present Suit is dismissed with costs.