20 Nov 2023
1. ) Ten Thiam Choy 2. ) Metro Setia Development Sdn Bhd 1. ) Lim Lee Took 2. ) Dato' Yip Kum Fook
- Citation
- WA-22NCC-174-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-174-03/2023 (Mahkamah Tinggi)
The court struck out the plaintiffs' impeachment suit because the plaintiffs failed to plead or adduce particulars of actual, positive fraud as required by s44 Evidence Act 1950; the contested documents were in the plaintiffs' possession or had been admitted or categorized at trial (Part B/Part C) and plaintiffs had opportunities to raise the issues in Suit 491; the claims amounted to an abuse of process, were plainly and obviously unsustainable and res judicata/issue estoppel barred re-litigation; defendants' strike out application under Order 18 r19(1) was therefore granted with costs.