Whether enforcement of the decision should be filed before set aside application (vice versa)
(1) Based on O. 69A r. 3(4) RC, an application to set aside an AD (Setting Aside OS ) "shall " be filed before the court decides an application to enforce the AD (Enforcement OS ).
(2) if a Setting Aside OS is filed before the court decides an Enforcement OS, the court may then hear and decide together the Setting Aside OS and Enforcement OS (2 Applications ). Such an approach saves time, effort and costs in the disposal of the 2 Applications and
(3) if a Setting Aside OS is only filed after the court has decided an Enforcement OS (1st Decision ), the party in whose favour the 1st Decision is delivered, may rely on the wide application of the doctrine of issue estoppel to contend that the court hearing the Setting Aside OS is bound by the 1st Decision. Similarly, if an Enforcement OS is filed after the court has decided a Setting Aside OS, by reason of the issue estoppel doctrine, the court hearing the Enforcement OS may be bound by the decision in the Setting Aside OS.
Source: TRT ENGINEERING (M) SDN BHD v. HANSOL KNM GREENTECH SDN BHD & ANOTHER CASE [2020] 1 LNS 88
