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HIGH COURT MALAYA, KUALA LUMPUR
DATUK ISHAK ISMAIL – Appellant
Versus
KENANGA INVESTMENT BANK BERHAD & ORS – Respondent
| Table of Content |
|---|
| 1. validity of undertaking and plaintiff's compliance (Para 3 , 4 , 5 , 7 , 16) |
| 2. plaintiff's arguments against summary judgment (Para 20 , 41) |
| 3. res judicata and re-litigation of issues (Para 43 , 44 , 46 , 48) |
| 4. standards for impeachment of judgment based on fraud (Para 72 , 90) |
| 5. frivolous and vexatious claims and abuse of process (Para 106 , 110) |
| 6. court's final order (Para 111) |
[1] Encl 11 is the 2nd defendant's application to strike out the plaintiff's Writ and Statement of Claim under O 18 r 19(1)(a) or (b) or (c) or (d) of the Rules of the High 1980 and/or under the inherent jurisdiction of the Court.
[2] Encl 7 is the application by the lst defendant to strike out the plaintiff's Writ and Statement of Claim under O 18 r 19(1)(b) or (d) of the Rules of the High 1980 and/or under the inherent juisdiction of the Court.
Background Facts
[3] Proasas Sdn Bhd ("Proasas") and Dynaboost Sdn Bhd (Dynaboost) have opened a corporate/investment trading account and a share margin trading facility with the 1st defendant.
[4] There was a Letter of Acknowledgement and Undertaking dated 28 June 1999 ("the Undertaking") executed by the plaintiff in favour of
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