[2016] 1 LNS 943 (CA)
It should be noted that the Court strikes out a claim as an abuse of process if the second claim is in effect an attempt to re-litigate the same or essentially the same issue that was decided in the previous suit. This will include issues which are so clearly part of the subject matter of the litigation and so clearly could have been raised that it would be unjust to permit a new claim to be started in respect of the matter. The doctrine of res judicata has often been described as an “umbrella doctrine” encompassing three conceptually distinct though interrelated principles, namely, cause of action estoppel, issue estoppel, and “the extended doctrine of res judicata. There is another reason why this instant appeal should succeed. It is trite that a plaintiff who wishes to seek different remedy for a single cause of action must do so in the same proceedings. Subsequent attempts to claim different remedies for the same cause of action may be struck down as an abuse of process. Datuk Ganesan and Subashini acted for the Respondent.