[2018] 1 LNS 1423
This case concerns an application by the Plaintiff to strike out the Counterclaim of the Defendants. As submitted by the Plaintiff, that this Court had already considered all the issues raised in the Counterclaim when determining the Plaintiff’s summary judgment application. This court had found that the Defendants have not succeeded in raising any triable issue.  It is settled law that the broader principle of res judicata is founded on the twin principles that there should be an end to litigation and justice demands that the same party shall not be harassed twice for the same cause. The court was of the view that it should not apply when the judgment of the court relied upon is the subject matter of an appeal. It is only the final judgment that will give rise to the principle of res judicata. Furthermore, in the summary judgment application, the court is considering whether there is an issue to be tried as a matter of defence. In the striking out of the Counterclaim, the Court is considering different issues and that is whether there is a valid cause of action which is not scandalous, vexatious or embarrassing or otherwise an abuse of the process of the Court. However, all things being equal, the Court would, on the same facts, reach the same conclusions as in the summary judgment application, in order to be consistent. The court allowed the plaintiff’s application. Datuk Ganesan and Subashini acted for the plaintiff.