P TREE HOLDING SDN. BHD. v 1. ) JPS HOLDINGS SDN. BHD. 2. ) PH 385 SDN. BHD.
Catchwords
Two applications are before the court. Enclosure 10 refers to the first defendant's application to strike out the plaintiff's claim under Order 18 rule 19 of the Rules of Court 2012 ("ROC 2012"), while Enclosure 12 refers to the second defendant's application of the same nature. As similar issues have already been litigated up to the Federal Court, the defendants claim that res judicata applies to this case. In opposition to these applications, the plaintiff argues that res judicata does not apply because the circumstances have changed since the previous cause of action. The court finds that it is unable to make a positive determination that this matter is completely different from the previous suit. Here, there is a direct relationship between all of the issues raised by the plaintiff here and those raised by the plaintiff in his earlier suit, for which the learned judge made extensive findings of fact and law. As a result of these facts, the court finds that the plaintiff here is attempting to reopen and relitigate the same issues and that this constitutes res judicata. Given the foregoing, the court hereby allows Enclosures 10 and 12 with costs of RM5,000.00 to each defendant, subject to allocatur.
Judgment
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