Steve Shim CJ (Sabah & Sarawak):

The Issues

[1] This is an appeal by the appellants against the judgment of the Court of Appeal dated 7 October 1998. In the memorandum of appeal, the appellants have postulated the following propositions, namely:

(1) That the Court of Appeal erred in law in holding that there has been an abuse of the process of Court by the appellants in bringing the Suit No S1-22- 102-1991 (the 2nd suit) against the respondent when the appellants' previous Suit No F22-262-1986 (the 1st suit) had been set aside for failure to comply with the Rules of the High Court;

(2) That the Court of Appeal erred in law in holding that the appellants' 1st suit which was set aside for procedural non-compliance of the Rules of the High Court is similar to a suit being struck off for failure to obey a peremptory order of the Court and this precluded the appellants from filing the 2nd suit as being an abuse of the process of the Court.

[2] The above propositions have to be examined within the confines of the subject-matter upon which leave to appeal was granted by the Federal Court. And that has been stated succinctly as follows: whether it is an abuse of the process of the Court