8 Sept 2023
MALAYSIAN BIO-XCELL SDN BHD LEBAS TECHNOLOGIES SDN BHD
- Citation
- WA-22C-87-08/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-87-08/2017 (Mahkamah Tinggi)
The Court held the ownership/delivery issue could and should have been litigated in the first arbitration so res judicata and issue estoppel apply; the arbitration did not create an obligation to deliver the equipment; the Plaintiff's inordinate delay caused laches and prejudice and amounted to want of prosecution; the proceedings were an abuse of process—therefore the civil suit must be struck out with no leave to file afresh and costs awarded to the Defendant.