1. ) SELVARAJ A/L SANDOSHOM 2. ) DEVATHAN JAMAL LILY v ALLIANCE BANK MALAYSIA BERHAD

wa-12ancc-82-09-2024 High Court (Mahkamah Tinggi) 26 February 2025 • WA-12ANCC-82-09/2024 • 14 min read

14 cases cited (0 SG, 14 foreign)

Catchwords

When the Respondent obtained the Amended Judgment in Default in the First Suit, the Respondent’s cause of action based on the Appellants’ breach of the Loan Facility had merged with the said judgment, thereby extinguishing the original cause of action - Respondent is no longer entitled to file a similar cause of action based on the breach of the Loan Facility - the sale of the Property did not give rise to any fresh cause of action to the Respondent for the recovery of the outstanding sum under the Loan Facility – the Respondent is barred from filing the Present Suit based on purportedly the same cause of action by the doctrine of res judicata - Respondent’s cause of action would have accrued was on 9.5.2003 when the Respondent issued its letter of demand to recall the Loan Facility and demanded the repayment of the entire outstanding sum thereunder - the Present Suit which is filed 20 years later is filed out of time - the Appellants’ appeal is allowed with costs and the Present Suit is dismissed with costs.

Judges (1)

Ong Chee Kwan Delivered

Counsel (6)

K Y Sim & Co. Firm Zain & Co. Firm Pang Yi Qing Counsel Appellant Sharmini Natalie Durai Counsel Appellant Sim Kok Yew Counsel Respondent Syarifah Dewi Siti Fatimah binti Syed Ahmad Fahmi Wafa Counsel Respondent

Parties (3)

ALLIANCE BANK MALAYSIA BERHAD Respondent Devathan Jamal Lily Appellant Selvaraj a/l Sandoshom Appellant

Case Significance

1. ) SELVARAJ A/L SANDOSHOM 2. ) DEVATHAN JAMAL LILY v ALLIANCE BANK MALAYSIA... is a High Court (Mahkamah Tinggi) decision dated February 26, 2025 (citation: wa-12ancc-82-09-2024). The case was decided by Ong Chee Kwan.

What was the outcome of 1. ) SELVARAJ A/L SANDOSHOM 2. ) DEVATHAN JAMAL LILY v ALLIANCE BANK MALAYSIA...?

1. ) SELVARAJ A/L SANDOSHOM 2. ) DEVATHAN JAMAL LILY v ALLIANCE BANK MALAYSIA... is a High Court decision dated February 26, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.

Statutes Cited

Limitation Act 1953 (Cap 254)

s 2(1) s 21 s 6(1)

Rules of Court 2012

Cases Cited (14)

UK (1)

[1894] 8 Ch 290

MY (13)

[1991] 3 MLJ 119 [1995] 3 MLJ 189 [2004] 1 MLJ 8 [2006] 1 MLJ 501 [2009] 6 CLJ 81 [2011] 1 MLJ 478 [2013] 2 CLJ 776 [2016] 3 MLJ 122 [2016] 6 CLJ 880 [2018] 5 MLJ 421 [2020] MLJU 974 [2023] 4 MLJ 145 [2023] 9 MLJ 392

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12ancc-82-09-2024)