27 Jul 2021
Star Media Group Berhad Jaks Resources Berhad
- Citation
- W-02(IM)(NCvC)-1188-09/2020 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCvC)-1188-09/2020 (Mahkamah Rayuan)
The Court of Appeal held that findings made in interlocutory originating summonses concerning the call on bank guarantees are tentative and not final for the purposes of res judicata or issue estoppel where material facts remain disputed; because there were substantial disputed factual issues (variations, time-impact, defects, industry practice, deemed completion) the High Court erred in using Order 14A to dispose of the suits and in striking out JRB’s defence and counterclaim; the strike-out was set aside and the matters remitted for full trial.