HIGH COURT MALAYA KUALA LUMPUR
MOTOR INSURERS BUREAU OF SINGAPORE – Appellant
Versus
PACIFIC & ORIENT INSURANCE CO BERHAD – Respondent
JUDGMENT
Introduction
[1] The Defendant filed a Notice of Application dated 3 April 2023 (encl 8) under s 5(1) of the Reciprocal Enforcement of Judgments Act 1958 (REJA) and O 67 r 9 of the Rules of 2012 (ROC) to obtain the following orders and reliefs:
1.1. The Ex-Parte Order dated 23 February 2023 and the registration of the Judgment of the High Court of the Republic of Singapore dated 1 November 2022 in Civil Suit No: HC/OA 461/2022 (Singapore Judgment) be set aside.
1.2. The costs of this application be borne by the Plaintiff.
1.3. Such further or other relief as this Honourable Court deems fit.
[2] In essence, the Defendant is seeking to set aside the registration of the Singapore Judgment under the Order for Registration, on grounds of breach of public policy in Malaysia.
[3] In opposing the Defendant's application, the Plaintiff contends that:
3.1. The enforcement of the Singapore Judgment is not against Malaysian public policy. The provision of passenger liability under the motor insurance bureau scheme is, in fact, consistent with the Malaysian public policy; and
3.2. The Defendant is barred by res judicata and issues estoppel to relitigate the issues rais
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