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COURT OF APPEAL (PUTRAJAYA)
ABDUL RAHMAN SEBLI, JJCA, VERNON ONG LAM KIAT, J, MOHD ZAWAWI SALLEH, J
Small Medium Enterprise Development Bank Malaysia Berhad – Appellant
Versus
Sigma Pelangi Systems Sdn Bhd – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and its context. (Para 1 , 2) |
| 2. grounds for dismissal by the high court. (Para 3) |
| 3. arguments about res judicata and negligence. (Para 4 , 5) |
| 4. principles governing striking out a claim. (Para 6 , 7 , 8 , 12) |
| 5. application of res judicata principles in the case. (Para 10 , 11 , 14 , 15 , 17 , 19) |
| 6. final decision to allow the appeal. (Para 21) |
JUDGMENT OF THE COURT
Introduction
[1]This is an appeal by Small Medium Enterprise Development, the appellant herein (the defendant in the High Court), against the decision of the learned Judicial Commissioner (JC) given on 1.9.2015, dismissing the appellant’s application to strike out the writ and statement of claim filed by the plaintiff (the respondent).
The Facts
[2]The relevant facts of the case may be shortly stated as follows –
(a)On 26.6.2009, the appellant and respondent executed a Revolving Working Capital Facility Agreement (“the RWC Facility”) for a sum of RM5,000.000.00.
(b)The RWC Facility is secured by a scheme known as the Working Capital Guarantee Scheme (“WCGS”) whereby 80% of the RWC Facility is guaranteed by a third-party company known as “SJPP”, should the responde
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