Striking out - res judicata

Hi All

The Penang High Court through Yang Arif Dato Rosila binti Yop, did on 19/07/2019, allow 2 applications by the Defendants to strike out my client's claim with RM4,000-00 costs for each application on grounds that my client's claim is scandalous, frivolous and vexatious . 

The Defendants  relied on the doctrine of res jiudicata saying that the issues pleaded by my client had been determined in a suit brought by my client in 2012.

I have lodged 2 separate appeals to the Court of Appeal. It is trite law that res judicata does not apply in cases where the issues in the earlier suit were not determined on merits. My arguement is straight and simple - although the same issues were raised in the earlier suit, the suit was against different Defendants and the earlier suit was struck off under Order 18 rule 19(1)(b) and (d) Rules of Court, 2012. Res judicata does not apply when the earlier order/judgment was obtained in an interlocutory manner.