Steve Shim CJ (Sabah & Sarawak):

The Issues

This is an appeal by the appellants against the judgment of the Court of Appeal dated 7 October 1998. In the memorandum of appeal, the appellants have postulated the following propositions, namely:

(1) That the Court of Appeal erred in law in holding that there has been an abuse of the process of court by the appellants in bringing the Suit No. S1-22-102-1991 (the 2nd suit) against the respondent when the appellants' previous Suit no. F22-262-1986 (the 1st suit) had been set aside for failure to comply with the Rules of the High Court;

(2) That the Court of Appeal erred in law in holding that the appellants' 1st suit which was set aside for procedural non-compliance of the Rules of the High Court is similar to a suit being struck off for failure to obey a peremptory order of the court and this precluded the appellants from filing the 2nd suit as being an abuse of the process of the court.

The above propositions have to be examined within the confines of the subject-matter upon which leave to appeal was granted by the Federal Court. And that has been stated succinctly as follows: whether it is an abuse of the process of the court