The doctrine of issue estoppel prevents a party from re-litigating a specific issue that has already been decided in an earlier legal proceeding. Essentially, if a particular issue was decided in a previous case, and that issue arises again in a subsequent case involving the same parties or their privies, the party is estopped (prevented) from re-litigating that issue. The then Supreme Court in Asia Commercial Finance (M) Bhd v Kawal Teliti Sdn Bhd [1995] 3 MLJ 189 explained

It is not uncommon for a slew of litigation to commence when there is a breakdown of shareholder relationship and often this is done to levy commercial pressure on the shareholder vis-à-vis damages on the company that will have a direct impact on the commercial value of the shares. This then works as a bargaining chip in resolving the shareholder dispute in favour of the party that commenced such litigation. Recourse Available To The Defendant Where the facts support a sugges

In today’s digital age, the dissemination of information made rapid through social media and online platforms has facilitated the spread of half-truths, where partial facts may be presented without context necessary to the picture. Incomplete information, where crucial facts are deliberately omitted, can lead to distorted perceptions and potential defamation. The recent Court of Appeal case of Tan Sri David Chiu Tat-Cheong v Seena Elizabeth Soy [2023] 3 MLJ 674 highlights the

29 September 2022 PUTRAJAYA (Sept 29): Barakah Offshore Petroleum Bhd and its subsidiary have withdrawn their appeal against the High Court decision dismissing their RM1.02 billion claim against Petronas Nasional Bhd (Petronas). “The appellants (Barakah Offshore and PBJV Group Sdn Bhd) have withdrawn the whole appeal with no order as to costs,” read the the notice of discontinuance sighted by The Edge . The notice was filed by their legal firm Messrs Fairuz Ali on Thursday (S

23 September 2022 KUALA LUMPUR (Sept 23): Judicial Commissioner Roz Mawar Rozain on Friday (Sept 23) recused herself from hearing another lawsuit involving 1Malaysia Development Bhd (1MDB) at the High Court. She withdrew from hearing 1MDB's suit against PetroSaudi International Ltd (PSI), PSI chief executive officer Tarek Obaid, Deutsche Bank and JP Morgan, when it was called up for case management, on the grounds that she may be privy to matters pertaining to 1MDB when she w

Seeking to protect seats, Penang assemblymen argue in court that anti-hopping law violates constitutional freedom 14 September 2022 GEORGE TOWN, Sept 14 — The counsel for four Penang assemblymen who are facing the prospect of losing their seats after switching political parties told the High Court here today that the state’s anti-hopping law is unconstitutional. Their lawyer Datuk DP Naban said they were challenging the state law because it violated their right to freedom of

14 September 2022 GEORGE TOWN: The High Court has set Oct 6 for its decision on amending the originating summons (OS) for four Penang assemblymen who are facing the prospect of losing their seats under the state's anti-hopping law. The four had told the court that the law is in violation of their freedom of speech under Article 10(1) A of the Federal Constitution. Datuk DP Naban , who is representing the four assemblyman, namely Zulkifli Ibrahim (Sungai Acheh), Dr Afif Bahard

14 September 2022 KLANG (Sept 14): Property tycoon Tan Sri Lim Soon Peng has apparently settled a RM330,800 suit filed by SRC International Sdn Bhd and two others against him last year, for receiving money from the companies via instructions from former Prime Minister Datuk Seri Najib Razak. This is the first settlement out of 16 suits filed by SRC International, a former subsidiary of 1Malaysia Development Bhd (1MDB), along with two other SRC's subsidiaries Gandingan Mentari

5 September 2022 KUALA LUMPUR (Sept 5): Jailed former prime minister Datuk Seri Najib Razak on Monday (Sept 5) withdrew his discovery application in the US$1.18 billion civil suit filed by SRC International Sdn Bhd. This came after his lawyers from Messrs Shafee & Co received the bundle of documents that are needed for the hearing from SRC’s solicitors from Rosli Dahlan Saravana Partnership . The former premier had filed the discovery application in the High Court on June 9,

26 August 2022 KUALA LUMPUR – The Shah Alam High Court today allowed the leave application by the National Kidney Foundation (NKF) to commence judicial review proceedings against the Inland Revenue Board (IRB) for revoking its tax exemption status. Judge Shahnaz Sulaiman ruled that NKF’s leave application was not frivolous and that judicial review is the appropriate forum to determine whether its tax exemption status under Section 44(6) of the Income Tax Act 1967 (ITA) can be

Maria was represented by counsel Rosli Dahlan , along with Zeti Zulfah Hassan @ Zulkifli, Kong Xin Qing , Amiratu Al Amirat Saleh Garbaa and Khairul Izzat Azmi, while senior federal counsel Ahmad Hanir Hambaly appeared for the Attorney General's Chambers. 22 August 2022 KUALA LUMPUR: The High Court has allowed Petaling Jaya MP Maria Chin Abdullah’s bid to commence a legal challenge against a show cause order issued by the shariah court for contempt over her statement that “i

Maria was represented by counsel Rosli Dahlan , along with Zeti Zulfah Hassan @ Zulkifli, Kong Xin Qing , Amiratu Al Amirat Saleh Garbaa and Khairul Izzat Azmi, while senior federal counsel Ahmad Hanir Hambaly appeared for the Attorney General's Chambers. 22 August 2022 KUALA LUMPUR (Aug 22): The High Court here on Monday (Aug 22) granted leave (permission) to Petaling Jaya Member of Parliament Maria Chin Abdullah to initiate judicial review proceedings to challenge the shar

Maria was represented by counsel Rosli Dahlan, along with Zeti Zulfah Hassan @ Zulkifli, Kong Xin Qing, Amiratu Al Amirat Saleh Garbaa and Khairul Izzat Azmi. 22 August 2022 KUALA LUMPUR: Petaling Jaya MP Maria Chin Abdullah has obtained leave to initiate legal proceedings to challenge the Syariah High Court's decision to allow committal proceedings against her for criticising the court's decision in sentencing a businessman’s former wife to jail. High Court Judge Datuk Wan A

16 August 2022 KUALA LUMPUR (Aug 16): Former prime minister Datuk Seri Najib Razak on Tuesday (Aug 16) was denied more time to file an affidavit in reply to his discovery application with regard to the US$1.18 billion (RM5.27 billion) SRC International Sdn Bhd civil suit against him. The High Court maintained its previous direction that Najib's lawyers are required to file his affidavit in reply by Tuesday, with the hearing of his discovery application fixed for Sept 9. Both

14 June 2022 PUTRAJAYA (June 14): The Court of Appeal on Tuesday (June 14) dismissed an appeal by central Umno to strike out a RM16 million suit filed by SRC International Sdn Bhd and its two subsidiaries Gandingan Mentari Sdn Bhd and Jendela Pinggiran Sdn Bhd. Justice Datuk Hadhariah Syed Ismail — who led the bench in unanimously upholding the High Court decision for the matter to proceed for a trial — ruled that this was not a plain and obvious case for Umno to apply to str

25 May 2022 KUALA LUMPUR (May 25): The High Court on Tuesday (May 24) struck out a purported fraudulent suit by the late Tan Sri Dr Jamaludin Jarjis's mother, Aminah Abdullah, against her two grandchildren, his former lawyer who is now a judicial commissioner (JC), a commissioner for oaths and a law firm. Judicial Commissioner Datuk Mohd Arief Emran Arifin in his decision stated that the suit discloses no reasonable cause of action, is scandalous, frivolous, vexatious and an

13 May 2022 KUALA LUMPUR (May 13): Judicial Commissioner Datuk Mohd Arief Emran Arifin has recused himself from presiding over SRC International Sdn Bhd and its subsidiary Gandingan Mentari Sdn Bhd's civil suit against Datuk Seri Najib Razak. This is due to Mohd Arief's previous engagement as a partner in a local law firm that had done work for SRC. His recusal however will not impact the Mareva Injunction granted in March against the former prime minister. When contacted, pl

11 May 2022 KUALA LUMPUR (May 11): Putrade Property Management Sdn Bhd on Wednesday failed to strike out a RM1.43 million suit by SRC International Sdn Bhd and its two subsidiaries as High Court Justice Hayatul Akmal Abdul Aziz ruled there were triable issues. Hayatul Akmal said there was no merit to striking out the application and ordered Putrade Property to pay RM5,000 costs. As the case will now go to trial, the judge fixed June 13 for case management — possibly to fix th

18 APRIL 2022 KUALA LUMPUR (April 18): The High Court (Appellate and Special Power division) on Monday granted leave (permission) for i-Serve Online Mall Sdn Bhd's judicial review application to challenge several orders by Bank Negara Malaysia (BNM) to freeze several of its accounts since November last year. The decision was made by Justice Datuk Wan Ahmad Farid Wan Salleh who ruled that the applicants, namely i-Serve Online Mall, i-Serve Technology & Vacations Sdn Bhd, Advan

KUALA LUMPUR (Nov 10): Umno on Wednesday (Nov 10) failed to strike out a RM16 million suit filed by SRC International Sdn Bhd. This follows High Court Judicial Commissioner Quay Chew Soon dismissing the Malay nationalist party's striking out application. On the other hand, Quay allowed SRC to amend its statement of claim as it contended that an amendment to accurately name parties should be allowed and the earlier inaccuracy in not naming the public officer can be cured by wa