Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of prior judgments

Legal area

Court

5 Jan 2026

1. ) TAN HOCK SENG 2. ) VICTOR TAN HAN FUNG Wong Lian Soon

Citation

JA-12ANCvC-19-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12ANCvC-19-07/2025 (Mahkamah Tinggi)

The appeal is dismissed because the Sessions Court correctly held Annex 9 was an abuse of process: Order 92 r4 cannot be used as a shortcut to obtain substantive mandatory relief before trial where procedural mechanisms exist; the earlier MS03 judgment is not relevant or binding under ss40–43 Evidence Act 1950 for the substantive relief sought; and there was no misdirection or manifest injustice warranting appellate interference. Costs RM3000 awarded to respondent.
1 Sept 2021

KINGTIME INTERNATIONAL LTD PETRONAS CARIGALI SDN BHD

Citation

WA-22IP-55-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-55-11/2018 (Mahkamah Tinggi)

The application for summary judgment was dismissed because the defendant raised bona fide triable issues of fact and law—notably the binding effect/admissibility of the Petrofac judgment against a non-party, potential res judicata/abuse of process, the correct interpretation and application of s.59(3) Patents Act 1983 (limitation) and whether the WHSS falls within the patent claims—that cannot be resolved on affidavit evidence and require full trial examination; therefore Order 14 relief was inappropriate.