PUBLIC BANK BERHAD v LIS- TEC SDN BHD

pa-24fc-256-05-2024 High Court (Mahkamah Tinggi) 29 October 2025 • PA-24FC-256-05/2024

Catchwords

Application to set aside order for sale and to strike out the foreclosure proceedings under O 28 r 4(1), O 32 r 6 and O 18 r 19(a), (b), (c), and/or (d) of Rules of Court - plea of res judicata is not confined to the issues which the court is actually asked to decide but also covers issues or facts which are so clearly part of the subject matter of the litigation and so clearly could have been raised - order for sale of charged land is a final order unless appealed against - once such an order has been made, drawn up, and perfected, the judge is functus officio and has no jurisdiction to set it aside

Practice Areas

Civil Procedure

Judges (1)

Wendy Ooi Su Ghee Delivered

Parties (2)

LIS- TEC Sdn Bhd Respondent PUBLIC BANK BERHAD Applicant

Judgment

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Source: eJudgment (pa-24fc-256-05-2024)