NORMA AWANG HAD & ANOR vs DATO DR HAJI MOHAMED HANIFFA HAJI ABDULLAH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 239

COURT OF APPEAL PUTRAJAYA
NORMA AWANG HAD & ANOR – Appellant
Versus
DATO DR HAJI MOHAMED HANIFFA HAJI ABDULLAH – Respondent

Table of Content
1. overview of appeal and prior judgments. (Para 1 , 2 , 6)
2. arguments and contentions by appellants and respondents. (Para 3 , 4 , 7 , 8 , 9 , 10 , 11 , 12)
3. judicial observations on legal principles and precedents. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. court's reasoning regarding estoppel and abuse of process. (Para 24 , 25 , 26 , 28)
5. final determination and verdict affirming lower court. (Para 30 , 31 , 33)

Mohd Zawawi Salleh JCA:

Introduction

[1] This is an appeal against the judgment and order of Ahmad Zaidi Ibrahim J, delivered on 12 August 2015, in which the learned judge allowed the respondent's application to strike out the appellants' claims pursuant to O 18 r 19 of the Rules of , 2012 and/or the inherent jurisdiction of COURT, on the basis that it is barred by a cause of action estoppel and/or an abuse of process on the part of the appellants.

[2] Cause of action estoppel was asserted on the basis that the present action filed by the appellants in the High COURT represents no more than a repeat of the earlier cause, namely Consolidated Suit No 1412. The said cause was determined by the Kuala Lumpur High COURT on 3 November 2011 whe

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2016 MarsdenLR 239

COURT OF APPEAL PUTRAJAYANORMA AWANG HAD & ANOR – AppellantVersusDATO DR HAJI MOHAMED HANIFFA HAJI ABDULLAH – Respondent

Cases Referred (1)

COURT OF APPEAL PUTRAJAYA
NORMA AWANG HAD & ANOR – Appellant
Versus
DATO DR HAJI MOHAMED HANIFFA HAJI ABDULLAH – Respondent