17 Aug 2023
UPAYAPADU (M) SDN. BHD. 1. ) DATO DR MOHD HIZAMRI BIN MOHD YASIN 2. ) JABATAN PERHUTANAN NEGERI PAHANG DARUL MAKMUR 3. ) Kerajaan Negeri Pahang
- Citation
- CB-21NCvC-3-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-21NCvC-3-08/2022 (Mahkamah Tinggi)
The court found the present claim was barred by res judicata because the parties and subject matter were the same and the matters now raised either were determined or properly belonged to earlier proceedings and the 27.10.2021 settlement; the claim amounted to an abuse of process and failed to disclose a reasonable new cause of action, therefore the defendants' strike‑out application under Order 18 r 19 Kaedah‑kaedah Mahkamah 2012 succeeded and the action was dismissed with costs.