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HIGH COURT MALAYA KUALA LUMPUR
SAYYID SHAH ABDULLAH – Appellant
Versus
NG SEING LIONG & ORS (ENCLS 13 & 18) – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. arguments regarding res judicata (Para 17 , 18 , 21 , 24 , 26 , 29) |
| 3. court's analysis on res judicata (Para 19 , 20 , 22 , 23 , 25 , 27 , 28 , 30 , 31) |
(Enclosures 13 And 18 - Striking Out Applications)
Introduction
[1] This judgment deals with the application of the principle of res judicata in the wider sense.
Background Facts
[2] Khas Cergas Sdn Bhd ('KCSB') is a company incorporated in Malaysia on 17 February 1996, operating as an educational institution.
[3] KCSB had obtained various Syariah based financing facilities from the 3rd Defendant. The total sum granted under the said financing facilities was RM18,050,000.00.
[4] By way of a letter of offer dated 9 March 2017, the 3rd Defendant had granted additional financing facilities to KCSB in the sum of RM6,400,000.00.
[5] In connection to the aforesaid financing facilities, KCSB provided amongst others a debenture dated 23 September 2014 as security where KCSB had charged to the 3rd Defendant "by way of a first fixed and floating charge of the Customer's present and future assets including
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