JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] The Plaintiff filed this action on 9 February 2024 to set aside or invalidate an Order made by another High Court in Originating Summons No: BA-24NCvC-158-02/2022 dated 8 July 2022 ("Order in OS 158"); or alternatively, to declare that the Plaintiff has complied with the Order in OS 158, restrain the Defendant by an injunction from enforcing it and stay its execution.

[2] On 15 May 2024, the Defendant applied in encl 8 to strike out the action on grounds of res judicata and abuse of process. After reading all written submissions filed and hearing the arguments of counsel on 30 September 2024, I allowed encl 8 on 18 October 2024 and struck out the action with costs of RM5,000.00.

[3] The following are my reasons for striking out this action.

Background Facts

[4] The Defendant is the management corporation of Tropicana Grande Condominium ("Property") properly formed under the Strata Titles Act 1985 . The Plaintiff is the former property manager appointed by the Defendant to manage the Property.

[5] The Plaintiff's services were not renewed and the relationship between the Plaintiff and Defendant terminated on 31 December 2021.

Order For De