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2010 MarsdenLR 94

HIGH COURT SABAH & SARAWAK, KUCHING
MASTIKA JAYA TIMBER SDN BHD – Appellant
Versus
SHANKAR RAM POHUMALL (NO 2) – Respondent


Table of Content
1. background on retainer agreement and claims. (Para 2 , 3)
2. discussion on res judicata principle. (Para 4 , 6)
3. grounds for striking out the suit. (Para 9 , 10 , 11)
4. champerty and legality of fee agreements. (Para 12 , 13)
5. final ruling on claim and agreement. (Para 15 , 16)
Ravinthran Paramaguru JC:

[1] This is an application by the defendant to strike out the suit of the plaintiff under O. 32 r. 1 , O. 18 r. 19 , O. 19 r. 7(1) , O. 92 r. 4 , O. 14A Rules of the High , 1980 .

Brief Facts

[2] The defendant is a partner in the law firm of Messrs. Thomas, Shankar Ram & Co Advocates. The said law firm represented the plaintiff in another case (Suit No. 22-133-2009-I). The plaintiff herein was the 3rd plaintiff in that suit. One Jeffrey Law, a director of the plaintiff and his wife were the 1st and 2nd plaintiffs. They had sued their Chinese partners over some joint venture deal which had gone sour. I shall not go over the details of that suit save to say that the plaintiffs in Suit No. 22-133-2009-I had sought an urgent injunctive order against their erstwhile business associates. The plaintiffs' claim in that suit was for the sum of RM795,903.73. At the initial sta

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