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2019 MarsdenLR 2115
HIGH COURT MALAYA KUALA LUMPUR
SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD – Appellant
Versus
PRIMANORA MEDICAL CENTRE SDN BHD & ORS – Respondent
[Civil Suit No: WA-22M-219-09-2017]
Petitioner Advocates:Ganesan Karuppanan ,Respondent Advocate: Shu Ivy
The doctrine of res judicata prevents relitigation of issues previously adjudicated, enforcing judicial economy and finality in legal disputes.
Headnote:This civil action concerns the recovery of monies due under Islamic financing facilities. Following the plaintiff's successful motion for summary judgment, the defendants appealed against the striking out of their counterclaim. The court found no triable issues in the counterclaim, determining that it resembled previously resolved matters, thus invoking res judicata. Ultimately, the defendants were estopped from relitigating previously adjudicated claims and the application to strike out their counterclaim was granted.
| Table of Content |
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| 1. the initial judgment context, detailing appeal proceedings. (Para 1) |
[1] This is a civil action filed by the plaintiff to recover monies due and payable under the Islamic financing facilities granted to the 1st defendant. The plaintiff's application for summary judgment was allowed by this court. The plaintiff subsequently filed an application to strike out the defendants' counterclaim and the said application was also allowed.
