SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 MarsdenLR 391

COURT OF APPEAL PUTRAJAYA
DATO SIVANANTHAN SHANMUGAM – Appellant
Versus
ARTISAN FOKUS SDN BHD – Respondent


Judgement Key Points

The ratio decedendi in this case is that the court found the present claim to be barred by the principles of res judicata and issue estoppel because the facts and circumstances underlying this claim were essentially the same as those in a prior proceeding. The court determined that the same set of facts, witnesses, and documents were involved, and the relief sought was fundamentally the same, arising from the same transaction. It held that allowing the claim would constitute an abuse of process, as it would amount to double recovery for the same debt and would undermine the finality of the earlier judgment. Furthermore, the court emphasized that the parties in the current and previous proceedings did not need to be identical for issue estoppel to apply, provided the issues and facts are the same and the earlier judgment was final and on the same matter. The decision also underscored that the party seeking to invoke estoppel must have had the opportunity to raise the issue previously and failed to do so, which further justified the application of the doctrine in preventing the re-litigation of the same matter.


Table of Content
1. joint venture agreement and refundable deposit. (Para 1 , 2 , 5 , 7)
2. defenses based on estoppel and res judicata. (Para 8 , 14 , 15)
3. court's discretionary power under o 14a. (Para 10 , 11 , 12 , 13 , 19 , 20)
4. application of issue estoppel and res judicata. (Para 16 , 17 , 24 , 29)
5. conclusion favoring appellant based on lack of evidence. (Para 30 , 33)
Idrus Harun JCA:

[1] Lembaga Pembangunan Perumahan Dan Bandar Sabah (LPPB) owned a piece of land situated at Taman Bukit Sepanggar, Jalan Sepanggar, Kota Kinabalu Sabah (the said land). The appellant and one Dato' Paduka Khairuddin Abu Hassan (KAH) negotiated with LPPB with a view to securing a joint venture agreement (the JV agreement) between LPPB and the respondent to develop the said land into a housing project (the project) wherein the respondent would be appointed the sole developer for the project.

[2] It resulted in due course in a shareholders' agreement (the agreement) dated 27 April 2011 entered into by the appellant (referred to in the agreement as "SS"), KAH, the respondent, Datuk Hoe Tze Fook (HTF) and Lee Fuei Siong (LFS) both of whom were the shareholders and Directors of the respondent.

[3] The

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top