BAHARUDIN BIN ABDUL LATIP v 1. ) PRUDENTIAL ASSURANCE MALAYSIA BERHAD 2. ) PRUDENTIAL BSN TAKAFUL BERHAD
Catchwords
Civil Procedure — Preliminary issues — Order 33 rr 2 & 5 Rules of Court 2012 — Whether question of res judicata suitable for determination as preliminary issue — Whether issue capable of determination entirely from undisputed procedural documents and prior judicial orders — Rules of Court 2012, O 33 rr 2 & 5 Civil Procedure — Res judicata — Cause of action estoppel — Issue estoppel — Henderson v Henderson principle — Whether present claim arising from alleged Category 1 listing barred by earlier proceedings between same parties involving same termination dispute and same pleaded factual matrix Civil Procedure — Res judicata — Earlier dismissal under O 33 r 5 — Whether dismissal of earlier action following determination of preliminary issues constituted final judgment disposing of entire cause — Whether plaintiff precluded from relitigating consequential allegations not separately reserved — Rules of Court 2012, O 33 r 5 Civil Procedure — Striking out — Earlier dismissal of striking-out application under O 18 r 19 — Whether earlier interlocutory ruling precluded subsequent reliance on res judicata in later O 33 application — Distinction between procedural threshold under O 18 r 19 and adjudicative function under O 33 — Rules of Court 2012, O 18 r 19 & O 33 Civil Procedure — Abuse of process — Fragmentation of litigation — Whether plaintiff attempting to relitigate matters already pleaded, pursued on appeal and brought to finality — Public policy favouring finality of litigation Appeal — Finality — Court of Appeal dismissal — Whether appellate dismissal reinforced operation of res judicata and Henderson principle where plaintiff had expressly raised alleged blacklisting issue in memorandum of appeal
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncc-9-05-2024)