THAM KUAN TACK v 1. ) CHIN SOON FUAT 2. ) WONG WEI KUAN 3. ) TETUAN KHOR & RAFIDAH

wa-22ncvc-243-04-2025 High Court (Mahkamah Tinggi) 17 September 2025 • WA-22NCvC-243-04/2025

Catchwords

In the case at hand, three enclosures have been filed by the defendants: Enclosure 15 by the first defendant, Enclosure 17 by the second defendant, and Enclosure 28 by the third defendant. The three enclosures demonstrate the defendants' concerted efforts to attack the plaintiff's action in order to have it struck out under Order 18 rule 19(1) of the Rules of Court 2012 ("ROC 2012"). The defendants' applications share a similar basis. The main contention is that res judicata applies to this case. The defendants claim in this regard that since the plaintiff attempted to commence actions on similar subject matter and based on similar facts several times before, this new complaint is now caught by res judicata. As a result of the above, the Court finds that the plaintiff has attempted to relitigate the same issues four times regarding the same property based on similar facts, and thus this action falls under the doctrine of res judicata.

Practice Areas

Civil Procedure

Judges (1)

Raja Ahmad Mohzanuddin Shah bin Raja Mohzan Delivered

Parties (4)

TETUAN KHOR & RAFIDAH Defendant Chin Soon Fuat Defendant Tham Kuan Tack Plaintiff Wong Wei Kuan Defendant

Judgment

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Source: eJudgment (wa-22ncvc-243-04-2025)