1. ) CTO GLOBAL LOGISTICS (M) SDN. BHD. 2. ) FRANCESCO SAVERIO URIA v LEE KIM SEONG
Catchwords
This appeal challenged the Sessions Court's refusal to stay a defamation suit pending disposal of a related High Court commercial suit (Suit 269) between the same core parties. The Appellants argued substantial overlap of issues, risk of inconsistent findings, and res sub judice. The High Court dismissed the appeal, holding that the two suits involved distinct causes of action requiring different legal tests, the risk of inconsistency was speculative, res sub judice under s 10 of the Indian CPC 1908 has no direct application in Malaysia, no special circumstances were established, and the balance of prejudice favoured the Respondent whose reputation suffered continuing harm. The belated timing of the application further weighed against the Appellants. No appellate intervention was warranted. Stay of proceedings; defamation; parallel proceedings; special circumstances; res sub judice; inconsistent findings; abuse of process
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (wa-12ancvc-154-11-2025)