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SUPREME COURT KUALA LUMPUR
ASIA COMMERCIAL FINANCE (M) BERHAD – Appellant
Versus
KAWAL TELITI SDN BHD – Respondent
[1] This appeal once again raises the question of the plea of res judicata which has arisen quite frequently eg, for the sitting of the Federal Court for the week commencing on 17 July 1995, three separate appeals, inclusive of the instant appeal were listed for hearing all involving and depending on the decision of such a plea. The frequency with which this plea has surfaced could have been caused by certain controversial aspects in the law relating to it, so that it behoves us to state our point of view on those aspects.
[2] In the instant appeal, the High Court below has dismissed earlier an application under O 18 r 19 from the defendant (hereinafter called the finance company) to strike out the plaintiff's statement of claim on grounds, inter alia, of a plea of res judicata, ie in turn, of its being an abuse of process of the Court, (the plaintiff is hereinafter called the borrower). The learned Judge dismissed the application, holding, inter alia and in effect that the plea of res judicata was not successful stating that there was "no question of the plaintiffs statement of claim being frivolous or vexatious or an abuse of process of the Court"; hence
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