HIGH COURT MALAYA IPOH
ZENN HRB SDN BHD – Appellant
Versus
LIANG KEE DEVELOPMENT SDN BHD – Respondent
| Table of Content |
|---|
| 1. court's duty to prevent abuse of process. (Para 1) |
| 2. background of plaintiff's claims regarding jid. (Para 2 , 3) |
| 3. plaintiff's conduct indicates bad faith and inequity. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. restitution requires clean hands; plaintiff's claim rejected. (Para 16 , 17 , 18) |
| 5. application dismissed for being untenable and abusive. (Para 19) |
Introduction
[1] This case is not merely about statutory compliance or procedural technicalities. It is about what the justice of the case demands and the finality of the litigation process. In this respect, the Court is duty- bound to protect its process from being abused. The Plaintiff's application is, in truth, an opportunistic attempt to overturn a concluded settlement by consent, which was long settled by mutual compromise. The real question before this Court is whether it should lend its hand in the exercise of its equitable jurisdiction to a party who remained silent when it mattered, paid when it suited, and now pleads illegality when it no longer wishes to honour its compromise. This Court must answer that question firmly, and in doing so, defend the integrity of it
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