11 Oct 2021
SHARIFAH BINTI ZAINUDDIN 1. ) ONG BEE EAN 2. ) GAN SHANG YUH 3. ) MILAN CREST SDN BHD
- Citation
- P-02(IM)(NCvC)-1415-07/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- P-02(IM)(NCvC)-1415-07/2019 (Mahkamah Rayuan)
The Court allowed the appeals, holding res judicata did not apply because the prior proceedings did not satisfy essential elements (finality on the merits and identity/privity of parties and questions); the earlier orders were interlocutory and not finally determinative, and the appellant had locus standi to bring a collateral action based on newly discovered evidence of fraud that could, if proven, render prior probate and transfers impeachable; therefore the High Court's strike-out was set aside and the matter remitted for full trial.