Malaysia Case Law: Decisions & Judgments

Topic

Res judicata / estoppel

Legal area

Court

10 Dec 2025

MIDAS DE SDN BHD RUBICON EQUITIES SDN BHD

Citation

WA-B52NCvC-34-01/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-34-01/2023 (Mahkamah Sesyen)

On the balance of probabilities the lease was valid and enforceable despite earlier permit issues because permits/approvals (including retrospective renewals and eventual CCC) existed or were obtainable; plaintiff failed to prove defendant breached the lease or that the premises were unusable; prior distress proceedings adjudicated related issues and operate as res judicata; defendant proved unpaid rent, entitlement to double rent for a defined holding over period (1.6.2022–31.10.2022) and restoration costs; accordingly plaintiff’s claim is dismissed and defendant’s counterclaim is allowed in…
19 Nov 2024

1. ) INSTANT ACHIEVEMENT SDN BHD 2. ) YEONG JOO HOCK 3. ) TAN BEE KIM RHB BANK BERHAD

Citation

JA-22NCvC-39-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-39-04/2024 (Mahkamah Tinggi)

The strike‑out application was allowed because the Plaintiffs' claim was obviously unsustainable on its face: the issues pleaded had been finally litigated in earlier proceedings (OS 1045 and Suit 71) and were therefore barred by res judicata/estoppel; there was no demonstrated illegality or new material fact warranting setting aside prior orders; allowing the suit would constitute an abuse of process.
5 Jun 2024

LAU KOK GUAN @ LOW KOK GUAN Cheah Chia Hsing

Citation

JA-22NCvC-70-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-70-05/2021 (Mahkamah Tinggi)

The consent judgment resolving the caveat and complaint matters operated as res judicata/estoppel and barred both parties from re‑litigating the same subject matter; alternatively, the defendant's complaint to the Disciplinary Board was an occasion of qualified privilege and plaintiff failed to prove malice, and the defendant failed to prove abuse of process, conspiracy or compensable damages, therefore both claim and counter‑claim were dismissed and parties ordered to bear their own costs.
26 Nov 2020

1. Low Wan Chin 2. Low Wan Hoon 3. Low Wan Lee 4. Low Wan See 1. Low Wee Heng 2. Low Wee Houng 3. Lee See 4. Kin Seng Properties Sendirian Berhad ( 1)

Citation

BA-24NCVC-1670-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-1670-11/2019 (Mahkamah Tinggi)

The court held the July 30, 2018 order must be set aside because it was made in breach of natural justice: Plaintiffs, though directly affected minority shareholders and specifically alleged to have colluded, were not made parties nor served and were therefore deprived of the right to be heard; the High Court has inherent and discretionary jurisdiction (ex debito justitiae / Order 92 r 4) to set aside such an order and order a rehearing; accordingly the application was allowed and costs awarded.
9 Sept 2020

Masha Sylvester for the Applicants [Messrs Ahmad Deniel, Ruben & Co] Emily Wong Li Yan for the Respondent [Messrs Dennis Nik & Wong]

Citation

COMPANIES POST WINDING-UP NO. WA-28PW-166-05/2020 (COMPANIES WINDING-UP PETITION NO. WA-28NCC-716-07/2018) (Mahkamah Tinggi)
Court

COMPANIES WINDING-UP PETITION NO. WA-28NCC-716-07/2018
Case number

COMPANIES POST WINDING-UP NO. WA-28PW-166-05/2020 (COMPANIES WINDING-UP PETITION NO. WA-28NCC-716-07/2018) (Mahkamah Tinggi)

Application dismissed because applicants raised identical grounds already adjudicated in the prior setting aside application, were the wrong parties to invoke s479 CA 2016, and res judicata / estoppel applied; Rules of Court do not override the specific Companies Act and Winding-Up Rules; costs awarded to respondent.

Malaysia Case Law

MIDAS DE SDN BHD RUBICON EQUITIES SDN BHD

1. ) INSTANT ACHIEVEMENT SDN BHD 2. ) YEONG JOO HOCK 3. ) TAN BEE KIM RHB BANK BERHAD

LAU KOK GUAN @ LOW KOK GUAN Cheah Chia Hsing

1. Low Wan Chin 2. Low Wan Hoon 3. Low Wan Lee 4. Low Wan See 1. Low Wee Heng 2. Low Wee Houng 3. Lee See 4. Kin Seng Properties Sendirian Berhad ( 1)

Masha Sylvester for the Applicants [Messrs Ahmad Deniel, Ruben & Co] Emily Wong Li Yan for the Respondent [Messrs Dennis Nik & Wong]