KHALEEG MARKETING SDN. BHD. v SHAOXING COUNTY BAIMEI TRADE CO., LTD
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
Practice Areas
Judges (1)
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.