21 Jul 2020
LAI KING LUNG 1. PERBADANAN PENGURUSAN ANJUNG HIJAU (PPAH) 2. FOO YAU LIM
- Citation
- S-22NCvC-242-2010 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- S-22NCvC-242-2010 (Mahkamah Tinggi)
The court found Defendant 1 produced material fresh evidence — including the plaintiff's admissions and the Disciplinary Board's findings — establishing that the PKP award was obtained by improper/unconscionable conduct (double claiming). The irregularity justified exercising the court's power to vary the PKP order rather than barring relief by delay or res judicata because the issue and evidence only surfaced in the disciplinary process. The PKP order of 25.11.2011 was varied to correct the true entitlement and restitution and costs ordered accordingly.
- Assessment of damages
- Double claim/duplicity of costs
- Setting aside or varying irregular judgment
- Res judicata and estoppel
- Admissibility of disciplinary findings as fresh evidence
- Abuse of process