HIGH COURT SABAH & SARAWAK TAWAU
LIN WEN-CHIH & ANOR – Appellant
Versus
PACIFIC FOREST INDUSTRIES SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claim arises from a contract acknowledgment. (Para 1 , 2 , 3 , 4) |
| 2. overview of plaintiffs and defendants. (Para 5) |
| 3. background of previous suits and judgments. (Para 16 , 18 , 22 , 27) |
| 4. arguments concerning res judicata and time limitations. (Para 29 , 30) |
| 5. res judicata does not apply due to dismissal of the original claim without merits. (Para 37 , 38 , 39) |
[1] This is the 1st and 2nd plaintiffs' claim against the 1st and 2nd defendants vide their amended statement of claim dated 10 May 2013 (as amended on 15 May 2017) for the sum of RM16,859,186.65 (RM6,223,241.00 + RM10,635,945.65) as at 10 May 2013, interest at the rate of 11% per annum on the sum of RM6,223,241.00 calculated on day to day basis from 10 May 2013 until the date of full payment, solicitor's fees on a solicitor and client basis, costs and any other reliefs this court deems fit and proper.
[2] Both the 1st plaintiff and the 2nd plaintiff are brothers of Taiwanese nationals who were previously the shareholders and the directors of the 1st defendant company.
[3] The 1st defendant, ie Pacific Forest Industries Sdn Bhd (formerly known as Veramax Sdn Bhd) was a private limited company inc
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