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2019 MarsdenLR 157

COURT OF APPEAL PUTRAJAYA
TUAN MAT TUAN ISMAIL V.TAN AH HIN & ORS


Petitioner Advocates:Gurdit Singh,Vasanthan Gopalan,Nashvinder Singh Gill ,Respondent Advocate: Emir Eizat Ab Malik,Fairuzhazwani Abdul Rahim

Table of Content
1. court dismissed the appeal affirming prior ruling. (Para 1 , 3)
2. essentials of settlement agreement and breaches. (Para 2)
3. central issue regarding the finality of judgment. (Para 4 , 5 , 10)
4. determination of final judgment relevance. (Para 11 , 12)
5. settlement agreement obligations defined. (Para 16 , 17)
6. finality of the judgment on liability. (Para 22 , 23 , 31)
7. final judgment confirmed despite pending damages. (Para 32 , 33 , 40)
8. consequences of breaching settlement agreement. (Para 61 , 68)
9. respondents validated their actions due to breaches. (Para 62)

[1] We heard and dismissed the appellant's appeal and affirmed the decision of the High Court dismissing his claim against the respondents. These are the grounds of our decision.

[2] The appellant's claim arose from a Settlement Agreement dated 22 February 2010 entered into between him and the 1st to the 4th respondents. The Settlement Agreement spelt out in express terms the rights and obligations of the appellant and the 1st to the 3rd respondents with respect to the management and ownership of the 4th respondent, SKKPJ (TM) Sdn Bhd.

[3] The 5th respondent, Suruhanjaya Syarikat Malaysia, was brought

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