PERSPEKTIF MASA SDN. BHD. v 1. ) TAN SZE KENG 2. ) CHINA RAILWAY ENGINEERING CORPORATION (M) SDN BHD 3. ) SABAH DEVELOPMENT BANK BERHAD 4. ) MBSB BANK BERHAD

wa-22c-21-04-2025 High Court (Mahkamah Tinggi) 9 December 2025 • WA-22C-21-04/2025

Catchwords

This decision concerns the 2nd Defendant’s application to strike out the Plaintiff’s claim against it. The Plaintiff’s action against the second defendant contractor arose from disputes over the issuance of a Certificate of Practical Completion (“CPC”) for a construction project, following a prior arbitration that was settled by a consent award. The key legal issue was whether the plaintiff’s claims were barred by res judicata and the Arbitration Act 2005. The Court held that the settlement agreement, consent award and High Court order constituted a full and final resolution with the effect of an award on the merits, rendering the action an abuse of process, and accordingly struck out the claim against the second defendant.

Practice Areas

This decision concerns the 2nd Defendant’s application to strike out the Plaintiff’s claim against it. The Plaintiff’s action against the second defendant contractor arose from disputes over the issuance of a Certificate of Practical Completion (“CPC”) for a construction project, following a prior arbitration that was settled by a consent award. The key legal issue was whether the plaintiff’s claims were barred by res judicata and the Arbitration Act 2005. The Court held that the settlement agreement, consent award and High Court order constituted a full and final resolution with the effect of an award on the merits, rendering the action an abuse of process, and accordingly struck out the claim against the second defendant.

Judges (1)

Azlan bin Sulaiman Delivered

Parties (5)

CHINA RAILWAY ENGINEERING CORPORATION Sdn Bhd Defendant MBSB BANK BERHAD Defendant PERSPEKTIF MASA Sdn Bhd Plaintiff Sabah Development Bank Berhad Defendant Tan Sze Keng Defendant

Case Significance

PERSPEKTIF MASA SDN. BHD. v 1. ) TAN SZE KENG 2. ) CHINA RAILWAY ENGINEERING ... is a High Court (Mahkamah Tinggi) decision dated December 9, 2025 (citation: wa-22c-21-04-2025). The case was decided by Azlan bin Sulaiman.

What was the outcome of PERSPEKTIF MASA SDN. BHD. v 1. ) TAN SZE KENG 2. ) CHINA RAILWAY ENGINEERING ...?

PERSPEKTIF MASA SDN. BHD. v 1. ) TAN SZE KENG 2. ) CHINA RAILWAY ENGINEERING ... is a High Court decision dated December 9, 2025. The case was heard by Azlan bin Sulaiman. See the full judgment for details.