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HIGH COURT MALAYA KUALA LUMPUR
YONG HARDWARE TRADING SDN BHD – Appellant
Versus
PHUA KIAN MING & ORS – Respondent
| Date | Event | Reference |
|---|---|---|
| Date of lower court decision | The lower court issues a ruling to strike out the action based on abuse of process and inherent powers. | (!) (!) |
| Date of previous judgments | Final judgments are rendered dismissing claims against certain defendants, establishing res judicata. | (!) |
| Date of appellate filing | The appellant files an appeal challenging the lower court’s decision to strike out the case. | (Not specified) |
| Date of appellate hearing | The appellate court reviews the grounds of appeal, including alleged errors in applying the law and procedural irregularities. | (Not specified) |
| Date of appellate decision | The appellate court issues its ruling, either affirming, reversing, or modifying the lower court’s decision. | (Not specified) |
| Table of Content |
|---|
| 1. court allowed striking out due to res judicata. (Para 1 , 2) |
| 2. plaintiff's claims and appeals against defendants. (Para 3 , 4 , 5 , 6 , 7 , 9 , 11 , 12) |
| 3. defendant's application to strike out based on inherent powers. (Para 8 , 10 , 13 , 14 , 15) |
| 4. plaintiff's opposition to the strike out application. (Para 16 , 17) |
| 5. court's reasoning on inherent powers and application rules. (Para 18 , 19 , 20 , 21 , 22) |
| 6. res judicata and its application in this case. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 7. court's conclusion on the second defendant's application. (Para 32) |
Introduction
[1] On 5 April 2023 this Court allowed the second defendant's application (Encl 158) made pursuant to O 92 r 4 of the Rules of Court 2012 (" ROC ") to strike out the plaintiff's amended statement of claim in view of the change in circumstances wherein:
(i) the Court of Appeal had on 8 November 2022 allowed the separate appeals of the first, third, and fourth defendants which were heard together, and struck out the claims against each of them on the ground of res judicata; and
(ii) the Federal Court had on 22 March 2023 dismissed the plaintiff's application for leave to
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