SPPT DEVELOPMENT SDN BHD v WORLDWIDE PLANTATION SDN BHD

w-02ncvcw-66-01-2023 Court of Appeal (Mahkamah Rayuan) 28 May 2025 • W-02(NCvC)(W)-66-01/2023 • 42 min read
13 cases cited (0 SG, 13 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (8)

Parties (2)

Case Significance

SPPT DEVELOPMENT SDN BHD v WORLDWIDE PLANTATION SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated May 28, 2025 (citation: w-02ncvcw-66-01-2023). <p>SPPT Development sought to impugn a prior High Court judgment regarding a SPA for wakaf land in Terengganu and re-litigate the termination of that agreement. The Court of Appeal dismissed the appeal, holding that the action was barred by res judicata and constituted an abuse of court process, as the same issues had been conclusively determined by the Kuala Terengganu High Court in earlier proceedings.</p> The panel comprised Collin Lawrence Sequerah, Faizah binti Jamaludin and S. Nantha Balan a/l E.s. Moorthy, with Faizah binti Jamaludin delivering the judgment. Counsel appearing: Aznim binti Azhar (counsel for respondent), Dato' David Gurupatham (counsel for appellant), Eirena Hoon Tian Ping (counsel for appellant), Mirdhulekha Muralidharan (counsel for appellant), Nabilah Aryssa binti Mohamad Askandar (counsel for respondent), Sri Dev Nair (counsel for respondent).

Summary

SPPT Development sought to impugn a prior High Court judgment regarding a SPA for wakaf land in Terengganu and re-litigate the termination of that agreement. The Court of Appeal dismissed the appeal, holding that the action was barred by res judicata and constituted an abuse of court process, as the same issues had been conclusively determined by the Kuala Terengganu High Court in earlier proceedings.

What was the outcome of SPPT DEVELOPMENT SDN BHD v WORLDWIDE PLANTATION SDN BHD?

<p>SPPT Development sought to impugn a prior High Court judgment regarding a SPA for wakaf land in Terengganu and re-litigate the termination of that ...

Statutes Cited

Principal Enactment
s 78
Terengganu Enactment
s 11 s 8
Wakaf Validating Enactment
s 2(3)
Wakaf Validating Enactment
s 3

Cases Cited (13)

UK (3)
[1966] 2 All ER 536 [1967] 1 AC 853 [1984] 3 All ER 345
MY (10)
[1980] 1 MLJ 286 [1995] 3 AMR 2559 [1995] 3 CLJ 783 [1995] 3 MLJ 189 [2018] 1 AMR 837 [2018] 2 MLJ 133 [2018] 3 CLJ 1 [2023] 5 MLJ 422 [2023] 6 AMR 561 [2023] 8 CLJ 671