KHALEEG MARKETING SDN. BHD. v SHAOXING COUNTY BAIMEI TRADE CO., LTD
10 cases cited
(0 SG, 10 foreign)
Catchwords
CIVIL PROCEDURE: Striking out pleadings – Order 18 Rule 19(1)(d) Rules of Court 2012 – Abuse of court process – Whether claim constituted attempt to relitigate issues already decided in previous suit – Whether court had jurisdiction to vary or amend final judgment – Whether res judicata doctrine barred fresh suit – Whether cause of action estoppel and issue estoppel applicable – Whether existence of counterclaim prevented striking out of abusive claim RES JUDICATA: Cause of action estoppel – Issue estoppel – Finality in litigation – Whether same issues concerning invoices already raised and decided in previous suit – Whether attempt to relitigate matters conclusively determined – Whether party seeking to challenge correctness of decision on issue determined in previous final judgment – Application of maxims interest rei publicae ut sit finis litium and nemo debet bis vexari pro eadem causa COURT'S JURISDICTION: Power to vary final judgment – Functus officio doctrine – Whether court lacking jurisdiction to grant reliefs that would vary or amend judgment affirmed on appeal – Whether lower court could amend order affirmed by higher court – Whether subsequent High Court could relitigate same matter to negate or modify perfected order of prior High Court ABUSE OF PROCESS: Collateral attack on final judgment – Whether claim seeking consequential reliefs actually attempt to undermine enforceability of judgment – Whether transparent attempt to relitigate same issue through different legal mechanism – Whether filing fresh suit after exhausting all appeal avenues constituted impermissible second bite at cherry – Whether old wine in new bottle situation
Judges (1)
Counsel (6)
Case Significance
KHALEEG MARKETING SDN. BHD. v SHAOXING COUNTY BAIMEI TRADE CO., LTD is a High Court (Mahkamah Tinggi) decision dated May 13, 2025 (citation: wa-22ncc-615-09-2024). The case was decided by Atan Mustaffa Yussof Ahmad.
What was the outcome of KHALEEG MARKETING SDN. BHD. v SHAOXING COUNTY BAIMEI TRADE CO., LTD?
KHALEEG MARKETING SDN. BHD. v SHAOXING COUNTY BAIMEI TRADE CO., LTD is a High Court decision dated May 13, 2025. The case was heard by Atan Mustaffa Yussof Ahmad. See the full judgment for details.
Statutes Cited
Rules of Court 2012
Cases Cited (10)
MY (10)
[1981] 1 MLJ 143 [1995] 3 MLJ 189 [1999] 5 MLJ 10 [2006] 1 MLJ 601 [2013] 3 MLJ 235 [2013] 3 MLJ 511 [2013] 4 MLJ 545 [2018] 6 CLJ 271 [2023] MLJU 1644 [2024] 6 CLJ 394
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-615-09-2024)