22 Nov 2024
DESABINA INDUSTRIES SDN. BHD. 1. ) DATO T. PUTERA BIN T. AWANG 2. ) CATURAN KLASIK SDN. BHD.
- Citation
- BA-22NCvC-493-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-493-12/2023 (Mahkamah Tinggi)
The court held that the extended doctrine of res judicata applied because the substance and facts (the Award Letter and related dealings) were the same and could and should have been raised in the earlier Kuala Terengganu proceedings which had finally determined the validity of the Award Letter; accordingly the writ and statement of claim were an abuse of process and were struck out under Order 18 r19(1)(d).
- Res judicata
- Extended doctrine of res judicata (henderson v henderson)
- Strike out under order 18 r19
- Fraud
- Conspiracy
- Specific performance (background)