TUAN LEE SWEE SENG

Prologue

This judgment answers the question as to whether a Defendant can raise res judicata when before his application for striking out of the Plaintiff's claim was heard, the Plaintiff withdrew the claim with liberty to file afresh and then subsequently refiled a fresh claim. Upon being served with a fresh claim the Defendant duly applied to have the claim struck out.

Parties

The Plaintiff is the Honorary Secretary and the Public Officer of Persatuan Badminton Malaysia, a sports body. The Defendant is a company incorporated under the Companies Act 1965 . The Plaintiff sued the Defendant under an Agreement dated 15 December 2005 wherein in consideration of the Plaintiff giving sole and exclusive right to the Defendant with respect to commercial promotion, advertising, marketing and commercial licensing in the territories agreed upon as well as broadcasting rights of the World Badminton Championship 2007, the Defendant agreed to pay the Plaintiff sponsorship sum o