8 Mar 2023
Srijang Indah Sdn Bhd Royel Department Stores Sdn Bhd
- Citation
- BA-12B-98-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-98-11/2022 (Mahkamah Tinggi)
The Shah Alam originating summons (Shah Alam Suit No.6) is a duplicative action of the earlier Kuala Lumpur suit (KL Suit No.441) because the parties, subject matter, and principal reliefs substantially overlap; exercising the court's discretion under the Courts of Judicature Act and Rules of Court, the proper remedy is to strike out the Shah Alam suit (under O.18 r.19) rather than stay it, with a specific clarification that the striking out does not operate as res judicata to the KL Suit No.441.