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2017 MarsdenLR 2355

FEDERAL COURT PUTRAJAYA
NG KONG LING & ANOR – Appellant
Versus
LOW PECK LIM & ORS – Respondent


Petitioner Advocates:Cyrus Das,HY Chong,Lim Shan Yi ,Respondent Advocate: Tommy Thomas,DM Rao

Table of Content
1. appeal regarding jurisdiction on trust issues. (Para 1 , 2 , 3)
2. contentions regarding estoppel and jurisdiction of sessions court. (Para 4)
3. discussion of estoppel and res judicata in prior proceedings. (Para 5 , 6)

[1] This is an appeal by the appellants against the decision by the Court of Appeal that affirmed the decision of the High Court.

[2] The High Court had earlier dismissed the appellants' application for an order to strike out certain paragraphs of the 1st and 2nd respondents' ReAmended Statement of Claim under O 18 r 19 of the Rules of 2012.

[3] The central issue in this appeal is whether the Sessions Court is precluded altogether under the Subordinate Courts Act 1948 (Revised 2013) from deciding any question relating to a trust?

[4] The learned counsel for the appellants contended that the trust issue which appeared in the 1st and 2nd respondents' Re-amended Statement of Claim, had earlier been decided by the Sessions Court, and thus the 1st and 2nd respondents were estopped from raising the same issue again. It was contended that retrying of the trust issue in the action would be an abuse of the Court process by reason of estoppel and the principl

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