Malaysia Case Law: Decisions & Judgments

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.

14 Dec 2023

SOCIETE GENERALE, SINGAPORE BRANCH PEMILIK-PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL SEA CORAL DARI PELABUHAN COOK ISLANDS

Citation: WA-27NCC-115-11/2020 (Mahkamah Tinggi)
Court: High Court
Case number: WA-27NCC-115-11/2020 (Mahkamah Tinggi)

Court held that An Zhong Shipping (registered owner) has locus to intervene under O.70 r.16(1) even though the arrest/proceeds are in a separate arrest suit and despite a default judgment; discretion to permit post‑judgment intervention exists and was exercised to grant leave. However, the Court dismissed the application to set aside the default judgment because AZS failed to demonstrate a prima facie meritorious defence: HLT (through its directors) had represented and treated the bills as valid to induce banks, invoking estoppel and judicial estoppel; Turquand and Duomatic principles support…