Introduction

[1] At the core of the Plaintiff's application in encl 1 lies a principal request. The relief sought is the immediate withdrawal and cancellation of the Registrar's Caveat. In addition, the Plaintiff seeks further reliefs specifically directed against the Second Defendant.

[2] The submissions exchanged between the parties reveal a striking feature, that is, each side accuses the other of resorting to a 'backdoor approach' in pursuit of their respective objectives. These allegations underscore the contentious and tactical nature of the proceedings.

The Key Issues

[3] The principal issues are:

First, whether the Plaintiff is entitled to have the Registrar's Caveat withdrawn and cancelled; and

Second, whether the Plaintiff is entitled to general, exemplary and injunctive reliefs against the Second Defendant.

[4] In determining the first of the two principal issues, questions that have arisen include (i) whether the Plaintiff is entitled to rely on the doctrine of res judicata; and (ii) whether fraud has been established, as averred by the Defendants.

The Parties

[5] The Plaintiff, Visiber Sdn Bhd, is a company registered in Malaysia pursuant to the provisions o