17 May 2023
SAYYID SHAH BIN ABDULLAH 1. ) NG SEING LIONG 2. ) NG CHOON JIN 3. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD
- Citation
- WA-24NCC-957-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-957-10/2022 (Mahkamah Tinggi)
The court found the present originating summons rehashed the same factual substratum and legal issues already adjudicated in OS 107; the bank had validly appointed D1 and D2 and complied with statutory filing and notice obligations; the present suit is barred by res judicata/issue estoppel and constitutes an abuse of process. Accordingly the striking out applications were allowed and the originating summons and related interlocutory application were struck out with costs.