31 May 2023
SAYYID SHAH BIN ABDULLAH 1. ) NG SEING LIONG 2. ) NG CHOON JIN 3. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD
- Citation
- WA-22NCC-68-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-68-02/2023 (Mahkamah Tinggi)
The originating summons under Section 393 was struck out because the complaint about the proposed sale price constituted a matter that properly belonged to the earlier proceedings challenging the receivers' powers and could and should have been raised then; allowing the new action would permit impermissible splitting of causes and defeat the finality of litigation, therefore the defendants' strike‑out applications succeed under the wider doctrine of res judicata and Order 18 r19.