GLOMAC ALLIANCE SDN BHD vs NORDIN MD ZAIN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 561

COURT OF APPEAL PUTRAJAYA
GLOMAC ALLIANCE SDN BHD – Appellant
Versus
NORDIN MD ZAIN – Respondent

Petitioner Advocates:Douglas Yee,Lim Pit Feng ,Respondent Advocate: S Thisinayagam A Somasundram

Table of Content
1. facts of the ownership dispute and agreements in question. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. preclusion of re-litigation based on previous rulings. (Para 12 , 13 , 14)
3. arguments concerning contractual rights and duties. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
4. court's position on the lower court's conclusions. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34)
5. interpretation and enforcement issues relating to the glomac agreement. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44)
6. conclusion reversing lower court's decision. (Para 52 , 53 , 54)

Mariana Yahya JCA:

Introduction

[1] This is an appeal against the judgment of the learned Judicial Commissioner of the High Court at Shah Alam dated 15 September 2020 which had allowed the Respondent's application for Originating Summons (encl 1) with costs of RM20,000.00 to the Respondent.

[2] The Appellant was the Defendant in the Court below while the Respondent was the Plaintiff. The parties shall be referred to as they were in the Court below.

Brief Facts

[3] The facts can be elucidated from the records of appeal and the written submission of both Counsels. Score Option Sdn Bhd (C

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2023 MarsdenLR 561

COURT OF APPEAL PUTRAJAYAGLOMAC ALLIANCE SDN BHD – AppellantVersusNORDIN MD ZAIN – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
GLOMAC ALLIANCE SDN BHD – Appellant
Versus
NORDIN MD ZAIN – Respondent