27 Jul 2021
Jaks Resources Berhad Star Media Group Berhad
- Citation
- W-02(IM)(NCvC)-1122-08/2020 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCvC)-1122-08/2020 (Mahkamah Rayuan)
The Court of Appeal held the interlocutory High Court findings in the originating summonses were tentative and not final; res judicata/issue estoppel did not bar JRB/JIC from litigating the completion date and related construction issues in the substantive suits. Order 14A disposal was inappropriate because material facts were genuinely in dispute; therefore the High Court decision striking out defences/counterclaims was set aside and the matters were remitted for full trial.