6 Jan 2022
1. ) Thushandran A/L Subramaniam 2. ) Subramaniam A/L M. Suppiah Yadahavan A/L Veerasamy
- Citation
- PA-12A-31-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12A-31-07/2019 (Mahkamah Tinggi)
The appeal was dismissed because it was not plain and obvious that the fresh suit was barred by res judicata or estoppel: Suit 2 was withdrawn and its merits were not finally adjudicated; interlocutory and declaratory orders concerning withdrawal and insurer liability do not amount to a final judgment on the merits that would preclude refiling; therefore the strike out application failed and the plaintiff is entitled to have the matter tried on its merits.