21 Mar 2025
1. ) SHIN HEUNG BIO SDN BHD (dalam likuidasi) 2. ) PENYELESAI SYARIKAT SHIN HEUNG BIO SDN BHD (dalam likuidasi) MC BIO SDN BHD
- Citation
- BA-23NCvC-39-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-23NCvC-39-08/2023 (Mahkamah Tinggi)
The court held that the preliminary legal objection (Q(A)) fails because the additional cause of action arose after Suit 662 when the Notice of Resolution came to light and therefore was not and could not have been adjudicated or merged into the prior consent judgment; however, the Defendant is bound by the ex parte Order (5.7.2017) and inter partes Order (7.9.2017) (Q(C)), as affirmed by earlier High Court decision in Suit 662 and the Court of Appeal. Issues of factual ownership (Q(B)) and breach of orders (Q(D)) were not susceptible to summary determination and must proceed to trial with wi…