4 Mar 2024
CEMPAKA DESIREFLY FLY SDN BHD 1. ) SURYANIE BINTI AHMAD 2. ) SAMSUDIN BIN MOHAMAD FAUZI
- Citation
- WA-12ANCvC-125-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-125-08/2023 (Mahkamah Tinggi)
The High Court held the appellant’s claim was barred by res judicata because the substance of the claim had been litigated and finally decided in Suit 159-07/2020 (the counterclaim was dismissed and subsequent appeal/extension was dismissed), and therefore the Statement of Claim disclosed no reasonable cause of action and amounted to an abuse of process under O.18 r.19 ROC; the appeal is dismissed with costs.