BINA MEKAR SDN BHD v MALAYSIA TRANSFORMERS MANUFACTURING SDN BHD
Catchwords
Full trial - seizure of items from premises after termination of contract by Department of Environment. Previous decision by Sessions Court that Defendant is owner of items and the same to be released to Defendant. Plaintiff now claims a return of those items or alternatively a sum of RM 21 million allegedly paid by them for those items. Defendant has counterclaim for the storage costs of the seized items. - issues are whether the Plaintiff has proven it is the owner of the seized items, whether the plaintiffs claim is barred by res judicata and whether the defendant is entitled to its counterclaim. - Court finds 1) Plaintiffs claim is barred by the doctrine of res judicata; 2) the plaintiff has in any event failed to establish that they had paid for and are the owners of the seized items; and 3) the defendant has failed to establish their counter claim. Plaintiffs claim and defendants counter claim both dismissed. Plaintiff ordered to pay Defendant costs of RM100,000.00.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-237-05-2023)