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) |
[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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