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2025 MarsdenLR 552

HIGH COURT MALAYA SHAH ALAM
LEE HWA YANG – Appellant
Versus
YAHAYA BUJANG & ORS (ENCL 1) – Respondent


Petitioner Advocates:Mohd Taufik Md Tahir ,Respondent Advocate: Lee Guo Wen

JUDGMENT

Jamhirah Ali J:

Introduction

[1] The Plaintiff, Lee Hwa Yang, filed an Originating Summons seeking the enforcement of a High Court Order dated 9 June 2017, directing the Defendants to transfer certain shares in Syarikat Pembinaan Sujaman Sdn Bhd to the Plaintiff.

[2] The Defendants opposed this application, contending that the subsequent Deed of Settlement dated 26 October 2018 supersedes the High Court Order.

[3] The issue before this Court is whether the Deed of Settlement supersedes the High Court Order, thereby precluding its enforcement.

Facts Of The Case

[4] In 2016, the Plaintiff initiated proceedings vide an originating summons no BA-24-979-09/2016 concerning disputes arising from a Trust Deed dated 8 December 2002. This led to the High Court Order on 9 June 2017 in favour of the Plaintiff.

[5] The Defendants appealed against the High Court Order. However, the parties signed a Deed of Settlement on 26 October 2018 to resolve their disputes. Following this, the Defendants withdrew their appeals.

[6] The Plaintiff argued that the High Court Order remained valid and enforceable. The Defendants, on the other hand, argued that the Deed constitutes a final resolutio


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