Khaw Tiew Chai v Lee Chai Seng & Ors and another appeal [2018] MLJU 1386

Strike out application - Res judicata - Estoppel - Bankruptcy Act 1967 - s.355(2) Companies Act 1965 - Originating Summons - s.44 Evidence Act 1950

The following were the issues for determination by the High Court: -

1. Whether the instant suit is caught by res judicata and/ or issue estoppel by reason that the disputes have or could have been determined in the OS and the subsequent appeals;
2. Whether the 1st to the 4th Defendants have paid the specified amount to the Plaintiff for the purchase shares in the 5th Defendant; and 
3. Whether the issuance of the new 2,946,283 shares in the 5th Defendant is valid.

Case Summary