Malaysia Case Law: Decisions & Judgments

Topic

Res judicata (wider sense)

Legal area

Court

28 Apr 2025

PEMIUTANG PENGHAKIMAN LEGASI SENADA SDN BHD PENGHUTANG PENGHAKIMAN MUHAMMAD ZAHIR SANJAY BIN ABDULLAH

Citation

WA-29NCC-1040-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-1040-08/2022 (Mahkamah Tinggi)

The appeal was dismissed because issue estoppel (res judicata in the wider sense) barred the Judgment Debtor from re‑raising issues that were or could have been raised in earlier proceedings; alternatively the substantive challenges lacked merit because solicitors were authorised to request the bankruptcy notice and the petition signed by the director was validly presented despite absence of seal endorsement. The appeal therefore amounted to an abuse of process.
16 Dec 2024

1. ) Khatijah binti Md Ibrahim 2. ) Mansor bin Abdul Manan Northern Skyline SDN BHD

Citation

PA-22NCvC-241-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-241-12/2019 (Mahkamah Tinggi)

Plaintiffs failed to prove on the balance of probabilities that the SP Order was obtained by fraud or suppression of evidence; the court found a concluded contract existed, P2 acted as P1's authorised representative, the SP Order was not procured by fraud and the impeachment suit is also barred by res judicata in the wider sense; accordingly Plaintiffs' claim to set aside the SP Order is dismissed with costs RM50,000.
4 Oct 2024

ER KANG HWAI ALLIANZ LIFE INSURANCE MALAYSIA BERHAD

Citation

WA-22NCC-212-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-212-04/2024 (Mahkamah Tinggi)

The court struck out the writ because (1) the plaintiff's claim was an abuse of process/wider res judicata — the present claim relates to the same policies and same reliefs as earlier Suit 346 which the plaintiff knew of and prosecuted and which was struck out — and (2) the claim is time‑barred under s6(1)(a) Limitation Act 1953 because the cause of action for indemnity insurance accrued on the event date (April 2017) and the 2024 filing exceeded the six‑year limitation period.
25 Sept 2023

KASRAN BIN YAHYA MALAYAN BANKING BERHAD

Citation

BA-22NCvC-353-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-353-08/2022 (Mahkamah Tinggi)

The court held the present suit is barred by res judicata in the wider sense given prior proceedings (summary judgment, receiving and adjudication orders, dismissed appeals and related proceedings) raising the same or related issues; the guarantee's continuing clauses bind the plaintiff and the alleged new information was not concealed, therefore the writ and statement of claim are struck out under Order 18 r19(1).
18 Aug 2020

DATO’ MOHAMED SOFIADIN BIN HAJI JAAFAR ZAINAL ABIDIN MOHD NOOR

Citation

BA-12BNCC-2-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCC-2-02/2020 (Mahkamah Tinggi)

The High Court allowed the appeal because the Sessions Court awarded judgment on a cause of action that was not pleaded by the plaintiff; a court must confine its decision to pleaded causes of action and a transfer of a company's debt requires an assignment that was neither pleaded nor proved; accordingly the Sessions Court judgment was set aside and the appeal allowed.

Malaysia Case Law

PEMIUTANG PENGHAKIMAN LEGASI SENADA SDN BHD PENGHUTANG PENGHAKIMAN MUHAMMAD ZAHIR SANJAY BIN ABDULLAH

1. ) Khatijah binti Md Ibrahim 2. ) Mansor bin Abdul Manan Northern Skyline SDN BHD

ER KANG HWAI ALLIANZ LIFE INSURANCE MALAYSIA BERHAD

KASRAN BIN YAHYA MALAYAN BANKING BERHAD

DATO’ MOHAMED SOFIADIN BIN HAJI JAAFAR ZAINAL ABIDIN MOHD NOOR